NRS 408.235 State
Highway Fund: Creation; sources; uses; payment of bills; limitations on use of
bond proceeds and taxes ad valorem; limitations on use of lease fees.
[Effective until the date that the balance of the separate account required by
subsection 8 of this section is reduced to zero.]

NRS 408.235 State
Highway Fund: Creation; sources; uses; payment of bills; limitations on use of
bond proceeds and taxes ad valorem. [Effective on the date that the balance of
the separate account maintained for money deposited pursuant to NRS 482.313 is reduced to zero.]

NRS 408.242 Establishment
of nonreverting account for construction, reconstruction, improvement and
maintenance of public roads consisting of money transferred from Fund for
Cleaning Up Discharges of Petroleum and money from other sources; semiannual
allocation of balance of account.

NRS 408.383 Contractor:
Partial payments; percentage retained; substitution of certain obligations for
retained payments; period for dispersal of money by contractor to
subcontractors; rate of interest on delinquent dispersal; procedure for
resolution of dispute over dispersal.

NRS 408.387 Contract:
Publication of notice of final acceptance; final settlement.

Disadvantaged Business Enterprises

NRS 408.3872 “Disadvantaged
business enterprise” defined. [Expires by limitation on the earlier of
September 30, 2023, or the date 90 days after the date on which the Director of
the Department of Transportation transmits to the Governor and the Director of
the Legislative Counsel Bureau the statement and report required by subsection
3 of NRS 408.38726.]

NRS 408.38722 Legislative
findings and declaration. [Expires by limitation on the earlier of September
30, 2023, or the date 90 days after the date on which the Director of the
Department of Transportation transmits to the Governor and the Director of the
Legislative Counsel Bureau the statement and report required by subsection 3 of
NRS 408.38726.]

NRS 408.38724 Department
to establish goals for awarding contracts; regulations. [Expires by limitation
on the earlier of September 30, 2023, or the date 90 days after the date on
which the Director of the Department of Transportation transmits to the
Governor and the Director of the Legislative Counsel Bureau the statement and
report required by subsection 3 of NRS 408.38726.]

NRS 408.38726 Duties
of Department: Review of information regarding goals; biennial report;
discontinuation statement and report. [Expires by limitation on the earlier of
September 30, 2023, or the date 90 days after the date on which the Director of
the Department of Transportation transmits to the Governor and the Director of
the Legislative Counsel Bureau the statement and report required by subsection
3 of NRS 408.38726.]

NRS 408.38728 Regulations.
[Expires by limitation on the earlier of September 30, 2023, or the date 90
days after the date on which the Director of the Department of Transportation
transmits to the Governor and the Director of the Legislative Counsel Bureau the
statement and report required by subsection 3 of NRS
408.38726.]

NRS 408.3886 Requests
for final proposals and best and final offers: Selection or rejection of
proposal or offer; contents of contract between Department and design-build
team; duties of design-build team.

NRS 408.3887 Employment
of architect or engineer as consultant during construction.

Miscellaneous Provisions

NRS 408.389 Approval
of Board of Directors required for purchase of certain equipment; analysis of
costs and benefits of purchase and alternatives.

NRS 408.5483 Approval
of request or proposal: Determination of public purpose; staff reports; copy of
request or proposal to be furnished to affected governmental entities; fee;
approval contingent on entering agreement with Department; establishment of
date for development of or commencement of construction of transportation
facility.

NRS 408.579 Electric
bicycles authorized for use on trails or walkways intended for use by bicycles.

MISCELLANEOUS PROVISIONS

NRS 408.601 Permits
to solicit charitable contributions while standing on median strip of highway
or sidewalk adjacent to highway.

_________

GENERAL PROVISIONS

NRS 408.010Short title.This
chapter shall be known as the Highways and Roads Law.

(Added to NRS by 1957, 662)

NRS 408.015Rules of construction.

1. Unless the particular provision or the
context otherwise requires, the rules of construction and general provisions
set forth in this section govern the construction of this chapter.

2. Whenever any power or authority is
given to, or any duty is imposed upon, any person by the provisions of this
chapter it may be exercised or performed by any deputy or person authorized by
him or her unless it is expressly provided that it shall be exercised in
person.

3. Whenever any reference is made to any
portion of this chapter or of any other law, such reference applies to all
amendments and additions thereto.

(Added to NRS by 1957, 663; A 1977, 187)

NRS 408.020Definitions.As
used in this chapter the words and terms defined in NRS
408.033 to 408.095, inclusive, unless the
context otherwise requires, have the meanings ascribed to them in those
sections.

1. Person who is head of a family or any
individual not a member of a family who moves from a dwelling as the result of
the acquisition, or reasonable expectation of acquisition and the subsequent
acquisition, of real property on which such dwelling was situated and which was
acquired for a federal-aid highway; or

2. Owner of a business or farmer who moves
as the result of the acquisition of real property on which such owner or farmer
conducted a business or farm operation and which was acquired, in whole or in
part, for a federal-aid highway.

(Added to NRS by 1969, 554)

NRS 408.050“Encroachment” defined.“Encroachment”
means any tower, pole, pole line, wire, pipe, pipeline, fence, billboard,
approach road, driveway, stand or building, crop or crops, flora, or any
structure which is placed in, upon, under or over any portion of highway
rights-of-way.

(Added to NRS by 1957, 663)

NRS 408.056“Family” defined.“Family”
means two or more individuals living together in the same dwelling unit who are
related to each other by blood, marriage, adoption or legal guardianship.

(Added to NRS by 1969, 554)

NRS 408.057“Farm operation” defined.“Farm
operation” means any activity conducted primarily for the production of one or
more agricultural products or commodities for sale or home use and customarily
producing such products or commodities in sufficient quantity to be capable of
contributing materially to the operator’s support.

(Added to NRS by 1969, 554)

NRS 408.058“Farmer” defined.“Farmer”
is any person who as an owner, part owner, tenant or sharecropper operates a
farm.

(Added to NRS by 1969, 555)

NRS 408.059“Federal-aid highways” defined.The
term “federal-aid highways” has the meaning ascribed to it in 23 U.S.C. § 101.

(Added to NRS by 1969, 555)

NRS 408.060“Freeway” defined.“Freeway”
means a highway or road in respect to which the owners or occupants of abutting
lands and other persons have no abutter’s rights of light, view and air, or
easements of access to and from the abutting lands, or in respect to which such
owners and other persons have only those limited or restricted abutter’s rights
or easements of access allowed, designated and described by the Department.

(Added to NRS by 1957, 663)

NRS 408.065“Frontage road” defined.“Frontage
road” means any frontage road, service road, frontage highway, or service
highway providing service and access from areas adjacent to a highway or
freeway.

NRS 408.080“Rights-of-way” defined.“Rights-of-way”
means land, property or any interest therein acquired for or devoted to
highways whether or not the entire area of such is actually used for highway
purposes.

(Added to NRS by 1957, 664)

NRS 408.090“Shall” and “may” construed.“Shall”
is mandatory and “may” is permissive.

(Added to NRS by 1957, 664)

NRS 408.095“Town” defined.“Town”
means any unincorporated town governed by the board of county commissioners of
the county where it is located.

(Added to NRS by 1957, 664; A 1983, 134)

NRS 408.100Declaration of legislative intent.Recognizing
that safe and efficient highway transportation is a matter of important
interest to all the people of the State, and that an adequate highway system is
a vital part of the national defense, the Legislature hereby determines and
declares that:

1. An integrated system of state highways
and roads is essential to the general welfare of the State.

2. Providing such a system of facilities,
its efficient management, maintenance and control is recognized as a problem
and as the proper prospective of highway legislation.

3. Inadequate highways and roads obstruct
the free flow of traffic, resulting in undue cost of motor vehicle operation,
endangering the health and safety of the citizens of the State, depreciating
property values, and impeding general economic and social progress of the
State.

4. In designating the highways and roads
of the State as provided in this chapter, the Legislature places a high degree
of trust in the hands of those officials whose duty it is, within the limits of
available funds, to plan, develop, operate, maintain, control and protect the
highways and roads of this state, for present as well as for future use.

5. To this end, it is the express intent
of the Legislature to make the Board of Directors of the Department of
Transportation custodian of the state highways and roads and to provide
sufficiently broad authority to enable the Board to function adequately and
efficiently in all areas of appropriate jurisdiction, subject to the
limitations of the Constitution and the legislative mandate proposed in this
chapter.

6. The Legislature intends:

(a) To declare, in general terms, the powers and
duties of the Board of Directors, leaving specific details to be determined by
reasonable regulations and declarations of policy which the Board may
promulgate.

(b) By general grant of authority to the Board of
Directors to delegate sufficient power and authority to enable the Board to
carry out the broad objectives contained in this chapter.

7. The problem of establishing and
maintaining adequate highways and roads, eliminating congestion, reducing
accident frequency and taking all necessary steps to ensure safe and convenient
transportation on these public ways is no less urgent.

8. The Legislature hereby finds,
determines and declares that this chapter is necessary for the preservation of
the public safety, the promotion of the general welfare, the improvement and
development of facilities for transportation in the State, and other related
purposes necessarily included therein, and as a contribution to the system of
national defense.

9. The words “construction,” “maintenance”
and “administration” used in Section 5
of Article 9 of the Constitution of the State of Nevada are broad enough to
be construed to include and as contemplating the construction, maintenance and
administration of the state highways and roads as established by this chapter
and the landscaping, roadside improvements and planning surveys of the state
highways and roads.

NRS 408.106Creation; Board of Directors. [Effective through December 31,
2013.]

1. There is hereby created a Department of
Transportation, administered by a seven-member Board of Directors consisting of
the Governor, the Lieutenant Governor, the Attorney General and the State
Controller, who serve ex officio, and three members who are appointed by the
Governor. If one of the four constitutional offices is vacant, the Secretary of
State shall serve ex officio on the Board until the vacancy is filled.

2. The Governor shall appoint as members
of the Board three persons who are residents of Nevada, informed on and
interested in the construction and maintenance of highways and other matters
relating to transportation. Each of the three members so appointed must reside
in a different highway district and possess at least one of the following
qualifications:

(a) Knowledge of engineering evidenced by the
possession of a bachelor of science degree in civil or structural engineering
and licensure in this State as a professional engineer.

(b) Demonstrated expertise in financial matters
and business administration.

(c) Demonstrated expertise in the business of
construction evidenced by the possession of a license as a general contractor
and experience as a principal officer of a firm licensed in this State.

Ê The Governor
shall not appoint any person who is currently employed in the field of or has a
substantial financial interest in the construction or maintenance of highways
in this State.

3. The Governor shall serve as the Chair
of the Board and the members of the Board shall elect annually a Vice Chair.

4. Each member of the Board who is not a
public officer is entitled to receive as compensation $80 for each day or
portion of a day during which the member attends a meeting of the Board or is
otherwise engaged in the business of the Board plus the per diem allowance and
travel expenses provided for state officers and employees generally.

5. After the initial terms, the appointed
members of the Board shall serve terms of 4 years.

1. There is hereby created a Department of
Transportation, administered by a seven-member Board of Directors consisting of
the Governor, the Lieutenant Governor, and the State Controller, who serve ex
officio, and four members who are appointed by the Governor. If one of the
three constitutional offices is vacant, the Secretary of State shall serve ex
officio on the Board until the vacancy is filled.

2. The Governor shall appoint as members
of the Board four persons who are residents of Nevada, informed on and
interested in the construction and maintenance of highways and other matters
relating to transportation. The members so appointed must be residents of
Nevada as follows:

(a) Two members who must reside in a highway
district that includes a county whose population is 700,000 or more;

(b) One member who must reside in a highway
district that includes a county whose population is 100,000 or more but less
than 700,000; and

(c) One member who must reside in a highway
district that does not include a county whose population is 100,000 or more.

3. All the members appointed pursuant to
subsection 2 must be informed on and interested in the construction and
maintenance of highways and other matters relating to transportation, and must
possess at least one of the following qualifications:

(a) Knowledge of engineering evidenced by the
possession of a bachelor of science degree in civil or structural engineering
and licensure in this State as a professional engineer.

(b) Demonstrated expertise in financial matters
and business administration.

(c) Demonstrated expertise in the business of
construction evidenced by the possession of a license as a general contractor
and experience as a principal officer of a firm licensed in this State.

Ê The Governor
shall not appoint to the Board any person who is currently employed in the
field of or has a substantial financial interest in the construction or
maintenance of highways in this State.

4. The Governor shall serve as the Chair
of the Board and the members of the Board shall elect annually a Vice Chair.

5. Each member of the Board who is not a
public officer is entitled to receive as compensation $80 for each day or
portion of a day during which the member attends a meeting of the Board or is
otherwise engaged in the business of the Board plus the per diem allowance and
travel expenses provided for state officers and employees generally.

6. After the initial terms, the appointed
members of the Board shall serve terms of 4 years.

7. As used in this section, “highway
district” means a portion of this State designated by the Board as a highway
district for the purposes of carrying out the duties of the Board.

NRS 408.115Office.The
Department shall maintain its principal offices at Carson City, Nevada. The
offices must be kept open at such times as the business of the Department and
the convenience or the interest of the public may require. The offices are
under the supervision of the Director.

(Added to NRS by 1957, 665; A 1979, 1763)

NRS 408.116Legal actions; process.

1. All legal notices, writs, service and
process issued or ordered by a court of competent jurisdiction wherein the
Department is named as a defendant must be personally served upon both the
Director and the Chair of the Board or, in the absence of the Director and the
Chair of the Board, the process must be served personally upon both the
Secretary of State and one of the Deputy Directors.

2. All legal actions brought and defended
by the Department must be in the name of the State of Nevada on relation of its
Department.

3. This section is not a consent on the
part of the Department to be sued.

NRS 408.118Study of operations of Department: Legislative approval
required.Before the Board or the
Director may enter into an agreement providing for a study of the operations of
the Department, the process to be used to select a person to perform the study
and the proposed agreement for the study must be approved by the Legislature by
concurrent resolution, or by the Interim Finance Committee if the Legislature
is not in session.

NRS 408.121Adoption and use of seal; appointment and duties of Secretary.

1. The Board shall adopt a seal for use in
authenticating contracts, records and proceedings of the Department.

2. The Board shall appoint a Secretary
from within the Department, who shall:

(a) Attend all meetings of the Board.

(b) Keep complete and accurate records of all the
meetings, business and transactions of the Board.

(c) Keep in his or her custody the seal of the
Board, and may impress it upon all contracts and documents on which it is
necessary or appropriate.

(d) With the approval of the Board, prepare upon
the request of any interested person copies of any contract or document in his
or her custody, and may certify the contract or document. The Secretary shall
not permit the originals to be taken from his or her custody by any person
except members and employees of the Department.

(e) Receive no extra compensation for his or her
services.

3. The duties of the Secretary are ex
officio. The Secretary’s appointment is not subject to the provisions of chapter 284 of NRS.

1. Consider, at its meetings, all
questions relating to the general policy of the Department and transact such
business as properly comes before it.

2. Receive and consider, at such time as
the Board selects, an annual report by the Director.

3. Except as otherwise provided in NRS 408.203, act for the Department in all matters
relating to recommendations, reports and such other matters as the Board finds
advisable to submit to the Legislature.

4. Maintain a record of all proceedings of
the Board.

5. Execute or approve all instruments and
documents in the name of the State or the Department necessary to carry out the
provisions of this chapter.

6. Except as otherwise provided in NRS 408.389, delegate to the Director such authority
as it deems necessary under the provisions of this chapter.

NRS 408.133Plan for measuring performance of Department; report on level of
achievement.

1. The Board shall adopt a plan for
measuring the performance of the Department, which must include separate sets
of performance measurements for each division of the Department and for the
Department as a whole.

2. The Director shall, not later than
December 31 of each year:

(a) Prepare a report, based upon the relevant
performance measurements adopted pursuant to subsection 1, on the level of
achievement of each division of the Department and of the Department as a whole
during the immediately preceding fiscal year. The report must include a
discussion of:

(1) The goals and objectives of the
Department, and the current status of the Department in relation to meeting
those goals and objectives;

(2) Any applicable directives from the
Board or Legislature since the most recent report prepared pursuant to this
section;

(3) The scheduling, scope, cost and
progress of any current or proposed highway projects;

(4) The sources, amount and expenditure of
any funding received during the immediately preceding fiscal year;

(5) The rationale used to establish
priorities for the completion of highway projects; and

(6) Any recommendations for amendments to
the plan adopted pursuant to subsection 1.

(b) Submit the report to:

(1) The Board; and

(2) The Director of the Legislative
Counsel Bureau for transmittal to the Interim Finance Committee.

1. Adopt such rules, bylaws, motions and
resolutions, not inconsistent with this chapter, as are necessary to govern the
administration, activities and proceedings of the Department.

2. On behalf of the State of Nevada, enter
into agreements with any adjoining state, or any proper agency of such a state,
for the construction, reconstruction, improvement, operation and maintenance by
any party to such agreement, in such manner and by such means as are provided
in the agreement, of bridges over interstate waters, and may enter into like
agreements with respect to the construction, reconstruction, improvement,
operation and maintenance of highways within the State of Nevada or an
adjoining state, when the highways are at or near the common boundary of the
states.

3. Authorize the Department to join
associations of highway officials of other states and other organizations which
have as their purpose the interchange of information and the establishment of
standards and policies relating to highway construction, reconstruction,
improvement, maintenance and administration.

4. Designate by regulation alternative
routes for the transport of radioactive, chemical or other hazardous materials
over the highways or county roads of this state, in lieu of the preferred
highways for such transport designated by the United States Department of
Transportation, or approve alternative routes set forth in a proposed county or
city ordinance if the regulation or ordinance does not conflict with the
standards for alternative routes established by the United States Department of
Transportation.

NRS 408.146Sale or lease of certain water rights to public utility;
reconveyance.

1. The Board may sell or lease any of the
State’s water rights which are appurtenant to real property acquired pursuant
to this chapter to a public utility engaged in the business of furnishing water
for municipal, industrial and domestic purposes without first offering those
water rights to the public.

2. If a public utility wishes to dispose
of any water right acquired pursuant to subsection 1, it must be reconveyed to
the State.

1. Whenever the Legislature is not in
session, the Board may borrow, with the approval of the State Board of
Examiners, money from financial institutions for short periods to carry out the
responsibilities of the Department.

2. To secure short-term financing, the
Board may pledge only revenue which it anticipates the Department will receive.

3. The lending institution has no claim
against the State, and may recover from the Director under the loan agreement
only to the extent that the revenues pledged as security for the loan become
available.

1. Subject to the approval of the Board,
the Attorney General shall, immediately upon request by the Board, appoint an
attorney at law as the Chief Counsel of the Department, and such assistant attorneys
as are necessary. Attorneys so appointed are deputy attorneys general.

2. The Chief Counsel shall act as the
attorney and legal adviser of the Department in all actions, proceedings,
hearings and all matters relating to the Department and to the powers and
duties of its officers.

3. Under the direction of or in the
absence of the Chief Counsel, the assistant attorneys may perform any duty
required or permitted by law to be performed by the Chief Counsel.

4. The Chief Counsel and assistant attorneys
are in the unclassified service of the State.

5. All contracts, instruments and
documents executed by the Department must be first approved and endorsed as to
legality and form by the Chief Counsel.

NRS 408.175Employment of Deputy Directors and other personnel; restrictions
on other employment of Deputy Directors.

1. The Director shall:

(a) Appoint one Deputy Director who in the
absence, inability or failure of the Director has full authority to perform any
duty required or permitted by law to be performed by the Director.

(b) Appoint one Deputy Director for southern
Nevada whose principal office must be located in an urban area in southern
Nevada.

(c) Employ such engineers, engineering and
technical assistants, clerks and other personnel as in the Director’s judgment
may be necessary to the proper conduct of the Department and to carry out the
provisions of this chapter.

2. Except as otherwise provided in NRS 284.143, the Deputy Directors shall
devote their entire time and attention to the business of the office and shall
not pursue any other business or occupation or hold any other office of profit.

3. The Director may delegate such
authority as may be necessary for the Deputy Director appointed pursuant to
paragraph (b) of subsection 1 to carry out his or her duties.

NRS 408.178Qualifications and classifications of Deputy Directors and Chief
Engineer.

1. Each Deputy Director:

(a) Is in the unclassified service of the State.

(b) Must hold a master’s degree in public or
business administration, hold the degree of bachelor of science in civil,
structural, mechanical or industrial engineering, or be a licensed professional
engineer.

(c) Must have at least 2 years of administrative
experience as the assistant director, the Chief Engineer or the head of the
Engineering or Planning Division of the Department, or have equivalent
experience.

2. The Chief Engineer:

(a) Is in the classified service of the State.

(b) Must be a licensed professional engineer.

(c) Except as otherwise provided in subsection 3,
must have at least 3 years of experience as the final engineering authority for
a state’s agency which has duties similar to those of the Department.

3. If the Director or the Deputy Director
appointed pursuant to paragraph (a) of subsection 1 of NRS
408.175 is a licensed professional engineer, he or she may also act as the
Department’s Chief Engineer.

1. The Director and Deputy Directors may
use a facsimile signature produced through a mechanical device in place of
their handwritten signatures whenever the necessity may arise.

2. Such a device must be of such a nature
that the facsimile signature plate may be inserted and removed from the
mechanical device only by use of two locking keys.

3. Such facsimile signatures must be made
and used only under the personal direction and supervision of the Director or
Deputy Director whose signature the facsimile represents.

4. All of the facsimile signature plates
and locking keys must at all times be kept in a vault, securely locked when not
in use, to the end that any misuse, fraudulent use or other improper use is
prevented.

5. Notwithstanding the provisions of this
section, the Director or a Deputy Director and the State Treasurer may combine
their facsimile signatures as provided in NRS
226.080.

NRS 408.190Duties of Director: General plan of highways; information,
statistics and maps.The Director
shall cause to be made and kept by the Department a general plan of the
highways and shall collect information and compile statistics and maps relative
to the mileage, traffic, character and condition of the highways.

(Added to NRS by 1957, 668; A 1979, 1765)

NRS 408.195Duties of Director: General supervision of highways.The Director shall determine the character and
has the general supervision of the construction, reconstruction, improvement,
maintenance and repair of all highways, facilities and services authorized
under the provisions of this chapter.

(Added to NRS by 1957, 668; A 1979, 1765)

NRS 408.200Duties of Director: Standards for construction and maintenance;
cooperation with county officers.

1. The Director shall investigate and
determine the methods of highway construction best adapted to the various
sections of the State, and shall establish standards and specifications for the
construction and maintenance of the highways, giving due regard to the
topography, natural conditions, character and availability of road-building
materials.

2. The Director may construct,
reconstruct, operate and maintain materials testing and research laboratory
facilities as may be necessary to establish and maintain such standards and
specifications.

3. The Director may be consulted by county
officials, including members of regional transportation commissions, having
authority over streets and highways within their respective counties relative
to any question involving such streets and highways; and the Director may, in
like manner, obtain from such county officials all such information or
assistance as they may render in the performance of the Director’s duties with
their county, and such county officials shall supply such information when
requested by the Director.

(Added to NRS by 1957, 668; A 1967, 161; 1979, 1749,
1765)

NRS 408.201Duties of Director: Policies for use of recycled materials in
highways.The Director shall adopt
policies that provide for the use of recycled aggregate, recycled bituminous
pavement and recycled rubber from tires in projects for the construction,
reconstruction, improvement, maintenance and repair of highways undertaken by
the Department pursuant to this chapter.

1. Compile a comprehensive report
outlining the requirements for the construction and maintenance of highways for
the next 10 years, including anticipated revenues and expenditures of the
Department, and submit it to the Director of the Legislative Counsel Bureau for
transmittal to the Chairs of the Senate and Assembly Standing Committees on
Transportation.

2. Compile a comprehensive report of the
requirements for the construction and maintenance of highways for the next 3
years, including anticipated revenues and expenditures of the Department, no
later than October 1 of each even-numbered year, and submit it to the Director
of the Legislative Counsel Bureau for transmittal to the Chairs of the Senate
and Assembly Standing Committees on Transportation.

3. Report to the Legislature by February 1
of odd-numbered years the progress being made in the Department’s 12-year plan
for the resurfacing of state highways. The report must include an accounting of
revenues and expenditures in the preceding 2 fiscal years, a list of the
projects which have been completed, including mileage and cost, and an estimate
of the adequacy of projected revenues for timely completion of the plan.

4. On or before February 1 of each
odd-numbered year, submit to the Governor and to the Director of the
Legislative Counsel Bureau for transmittal to the next regular session of the
Legislature a written report concerning all mobile equipment eliminated by
outsourcing or purchased or leased by the Department in the preceding 2 fiscal
years. The report must include, without limitation, an analysis of the costs
and benefits of each purchase, lease or contract prepared pursuant to
subsection 2 of NRS 408.389, the justification for
the decision to purchase, lease or contract and any other information required
by the Director relating to such purchase, lease or contract.

NRS 408.205Powers of Director: Execution of instruments and documents;
deductions from wages of officers and employees for purchase of United States
Savings Bonds or similar obligations.

1. With the approval of the Board, the
Director may execute all plans, specifications, contracts and instruments in
the name of the State of Nevada necessary for the carrying out of the
provisions of this chapter, except those construction contracts as provided in NRS 408.327 and 408.347.

2. The Director has such other power and
authority as is necessary and proper under the provisions of this chapter, or
as the Board delegates to the Director.

3. The Director shall provide for the
purchase of United States Savings Bonds or similar United States obligations by
salary or wage deductions for officers and employees of the Department who make
written requests for such deductions and purchases. To allow all Department
officers and employees the opportunity of requesting salary or wage deductions
for the purchase of United States obligations, the Director shall provide forms
authorizing the deductions and purchases and shall make them readily available
to all Department officers and employees.

NRS 408.210Powers of Director: Closing and construction of highways;
removal of encroachments.

1. Except as otherwise provided in NRS 484D.655, the Director of the
Department of Transportation may restrict the use of, or close, any highway
whenever the Director considers the closing or restriction of use necessary:

(a) For the protection of the public.

(b) For the protection of such highway from
damage during storms or during construction, reconstruction, improvement or
maintenance operations thereon.

(c) To promote economic development or tourism in
the best interest of the State or upon the written request of the Executive
Director of the Office of Economic Development or the Director of the Department
of Tourism and Cultural Affairs.

2. The Director of the Department of
Transportation may:

(a) Divide or separate any highway into separate
roadways, wherever there is particular danger to the traveling public of
collisions between vehicles proceeding in opposite directions or from vehicular
turning movements or cross-traffic, by constructing curbs, central dividing
sections or other physical dividing lines, or by signs, marks or other devices
in or on the highway appropriate to designate the dividing line.

(b) Lay out and construct frontage roads on and
along any highway or freeway and divide and separate any such frontage road
from the main highway or freeway by means of curbs, physical barriers or by
other appropriate devices.

3. The Director may remove from the
highways any unlicensed encroachment which is not removed, or the removal of
which is not commenced and thereafter diligently prosecuted, within 5 days
after personal service of notice and demand upon the owner of the encroachment
or the owner’s agent. In lieu of personal service upon that person or agent,
service of the notice may also be made by registered or certified mail and by
posting, for a period of 5 days, a copy of the notice on the encroachment
described in the notice. Removal by the Department of the encroachment on the
failure of the owner to comply with the notice and demand gives the Department
a right of action to recover the expense of the removal, cost and expenses of
suit, and in addition thereto the sum of $100 for each day the encroachment
remains beyond 5 days after the service of the notice and demand.

4. If the Director determines that the
interests of the Department are not compromised by a proposed or existing
encroachment, the Director may issue a license to the owner or the owner’s
agent permitting an encroachment on the highway. Such a license is revocable
and must provide for relocation or removal of the encroachment in the following
manner. Upon notice from the Director to the owner of the encroachment or the
owner’s agent, the owner or agent may propose a time within which he or she
will relocate or remove the encroachment as required. If the Director and the
owner or the owner’s agent agree upon such a time, the Director shall not
himself or herself remove the encroachment unless the owner or the owner’s
agent has failed to do so within the time agreed. If the Director and the owner
or the owner’s agent do not agree upon such a time, the Director may remove the
encroachment at any time later than 30 days after the service of the original
notice upon the owner or the owner’s agent. Service of notice may be made in
the manner provided by subsection 3. Removal of the encroachment by the
Director gives the Department the right of action provided by subsection 3, but
the penalty must be computed from the expiration of the agreed period or 30-day
period, as the case may be.

NRS 408.212Powers of Director: Easements for monorail or other systems of
transportation.

1. The Director may grant to any person
owning, operating or intending to construct a monorail or other overhead or
underground system used for transportation easements for:

(a) The installation of supporting or accessory
structures within the limits of a highway.

(b) The use of air space over or underground
space beneath a highway.

2. The Director may authorize necessary
construction work to be performed within the limits of the highway for the
installation or repair of any such system, and the temporary closing of a
highway, or the restriction of its use, for such purposes.

3. No structure may be installed or use
made of overhead or underground space pursuant to this section which would
permanently interfere with the existing use of any highway.

(Added to NRS by 1967, 869; A 1979, 1767)

NRS 408.213Powers of Director: Designation of highway as scenic route;
adoption of regulations.

1. The Director may designate a highway or
portion of a highway as a scenic route if the route meets the requirements
established by regulation for such a designation.

2. The Director shall adopt regulations
which prescribe the requirements for the designation of highways as scenic
routes.

3. All official maps published by the
Department which are intended primarily for the use of tourists must identify
highways or portions of highways which have been designated as scenic routes.

NRS 408.214Duties of Director: Designation of restricted highways.The Director shall designate restricted
highways which are susceptible to severe damage if traveled upon on or after
February 1 but before May 1 in violation of a limitation of weight imposed by NRS 484D.615 to 484D.675, inclusive.

1. The Director has charge of all the
records of the Department, keeping records of all proceedings pertaining to the
Department and keeping on file information, plans, specifications, estimates,
statistics and records prepared by the Department, except those financial
statements described in NRS 408.333 and the
financial or proprietary information described in paragraph (c) of subsection 6
of NRS 408.3886, which must not become matters of
public record.

2. The Director may photograph, film,
place an image of on microfilm, save as an image in an electronic recordkeeping
system or dispose of the records of the Department referred to in subsection 1
as provided in NRS 239.051, 239.080 and 239.085.

3. The Director shall maintain an index or
record of deeds or other references of title or interests in and to all lands
or interests in land owned or acquired by the Department.

4. The Director shall adopt such
regulations as may be necessary to carry out and enforce the provisions of this
chapter.

NRS 408.220Duties of Director: Reports to Board.Before
September 1 of each even-numbered year, for the biennium ending June 30 of that
year, and at such other times as the Board designates, the Director shall
report all the proceedings of the Department to the Board.

NRS 408.225Powers of Director: Purchase and rental of and contracts for
equipment, supplies and services.Except
as otherwise provided in NRS 408.323, the Director,
with the approval of the Board, may rent, lease, purchase and contract for all
equipment, materials, supplies, vehicles, road machinery, tools, implements and
technical services required for the purpose of this chapter. Such equipment,
supplies and services must be managed and used under the control of the
Director.

(a) Develop and coordinate balanced
transportation policy and planning which are consistent with the social,
economic and environmental goals of the State. The plan must be designed to
meet the present and future needs of the State and local areas of the State for
adequate, safe and efficient transportation facilities and services at a
reasonable cost to the taxpayer.

(b) Coordinate local plans for balanced
transportation facilities and services and assist in application for federal
grants which must be submitted through an appropriate or designated state
agency. The facilities and services may include, but are not limited to,
highways, pathways and special lanes for bicycles, railways, urban public
transportation and aviation. The authority and duties of the Department with
respect to aviation are limited to areas outside the jurisdiction of any
airport authority.

2. The Planning Division, in cooperation
with other state agencies and with agencies of local government, shall:

(a) Establish planning techniques and processes
for all modes of transportation at an appropriate level, according to the
requirements of the State and local areas of the State.

(b) Prepare, revise when appropriate, provide
supporting information for and assist in carrying out the transportation plan
by providing assistance in the development of the Department’s capital program
for all modes of transportation.

(c) Test and evaluate the policies, plans,
proposals, systems, programs and projects of the Department within the
framework of the goals of the Department.

(d) Conduct research in planning techniques,
travel needs, transportation potential for the State, investigating, testing
and demonstrating methods and equipment suitable for application to the
problems of transportation facing the State.

1. The position of Motor Vehicle Recovery
and Transportation Planner is hereby created in the Department.

2. The Motor Vehicle Recovery and
Transportation Planner shall:

(a) Develop and administer a plan for the
construction of motor vehicle recovery and bicycle lanes that are not less than
3 feet wide in all new construction and major repair work on every highway in
the State, in accordance with appropriate standards of design;

(b) Develop a plan for the maintenance of motor
vehicle recovery and bicycle lanes throughout the State;

(f) Determine where appropriate signs and
markings will be located on state highways and coordinate their placement;

(g) Establish a statewide plan of motor vehicle
recovery and bicycle lanes and bicycle paths and routes and update the plan
annually;

(h) Identify projects which are related to motor
vehicle recovery and bicycle lanes and place each project in its proper order
of priority;

(i) Investigate possible sources of money which
may be available to promote motor vehicle recovery and bicycle lanes and
bicycle facilities and programs throughout this State and solicit money from
those sources;

(j) Provide assistance to the Department of Motor
Vehicles and the Department of Public Safety in coordinating activities which
are related to motor vehicle and bicycle safety in the communities of this
State;

(k) Investigate the programs of the
Rails-to-Trails Conservancy and where feasible, participate in those programs;

(l) Identify the potential effect of bicycle
programs on tourism in this State; and

(m) Carry out any other duties assigned to him or
her by the Director.

3. The Director may remove any of the
duties set out in subsection 2 if the Director determines that the duty is no
longer necessary or appropriate.

4. As used in this section, “bicycle” has
the meaning ascribed to it in NRS
484A.025 and includes an electric bicycle as defined in NRS 482.0287.

NRS 408.235State Highway Fund: Creation; sources; uses; payment of bills;
limitations on use of bond proceeds and taxes ad valorem; limitations on use of
lease fees. [Effective until the date that the balance of the separate account
required by subsection 8 of this section is reduced to zero.]

1. There is hereby created the State
Highway Fund.

2. Except as otherwise provided by a
specific statute, the proceeds from the imposition of any:

(a) License or registration fee and other charges
with respect to the operation of any motor vehicle upon any public highway,
city, town or county road, street, alley or highway in this State; and

(b) Excise tax on gasoline or other motor vehicle
fuel,

Ê must be
deposited in the State Highway Fund and must, except for costs of administering
the collection thereof, be used exclusively for the administration,
construction, reconstruction, improvement and maintenance of highways as
provided for in this chapter.

3. The interest and income earned on the
money in the State Highway Fund, after deducting any applicable charges, must
be credited to the Fund.

4. Costs of administration for the
collection of the proceeds for any license or registration fees and other charges
with respect to the operation of any motor vehicle must be limited to a sum not
to exceed 22 percent of the total proceeds so collected.

5. Costs of administration for the
collection of any excise tax on gasoline or other motor vehicle fuel must be limited
to a sum not to exceed 1 percent of the total proceeds so collected.

6. All bills and charges against the State
Highway Fund for administration, construction, reconstruction, improvement and
maintenance of highways under the provisions of this chapter must be certified
by the Director and must be presented to and examined by the State Board of
Examiners. When allowed by the State Board of Examiners and upon being audited
by the State Controller, the State Controller shall draw his or her warrant therefor
upon the State Treasurer.

7. The money deposited in the State
Highway Fund pursuant to NRS 244A.637
and 354.59815 must be maintained in a
separate account for the county from which the money was received. The interest
and income on the money in the account, after deducting any applicable charges,
must be credited to the account. Any money remaining in the account at the end
of each fiscal year does not revert to the State Highway Fund but must be
carried over into the next fiscal year. The money in the account:

(a) Must be used exclusively for the
construction, reconstruction, improvement and maintenance of highways in that
county as provided for in this chapter;

(b) Must not be used to reduce or supplant the
amount or percentage of any money which would otherwise be made available from
the State Highway Fund for projects in that county; and

(c) Must not be used for any costs of
administration or to purchase any equipment.

8. The money deposited in the State
Highway Fund pursuant to NRS 482.313
must be maintained in a separate account. The interest and income on the money
in the account, after deducting any applicable charges, must be credited to the
account. Any money remaining in the account at the end of each fiscal year does
not revert to the State Highway Fund but must be carried over into the next
fiscal year. The money in the account:

(a) Must be used exclusively for the
construction, reconstruction, improvement and maintenance of highways as
provided for in this chapter; and

(b) Must not be used for any costs of
administration or to purchase any equipment.

NRS 408.235State Highway Fund: Creation;
sources; uses; payment of bills; limitations on use of bond proceeds and taxes
ad valorem. [Effective on the date that the balance of the separate account
maintained for money deposited pursuant to NRS 482.313
is reduced to zero.]

1. There is hereby created the State
Highway Fund.

2. Except as otherwise provided by a
specific statute, the proceeds from the imposition of any:

(a) License or registration fee and other charges
with respect to the operation of any motor vehicle upon any public highway,
city, town or county road, street, alley or highway in this State; and

(b) Excise tax on gasoline or other motor vehicle
fuel,

Ê must be
deposited in the State Highway Fund and must, except for costs of administering
the collection thereof, be used exclusively for the administration,
construction, reconstruction, improvement and maintenance of highways as
provided for in this chapter.

3. The interest and income earned on the
money in the State Highway Fund, after deducting any applicable charges, must
be credited to the Fund.

4. Costs of administration for the
collection of the proceeds for any license or registration fees and other
charges with respect to the operation of any motor vehicle must be limited to a
sum not to exceed 22 percent of the total proceeds so collected.

5. Costs of administration for the
collection of any excise tax on gasoline or other motor vehicle fuel must be
limited to a sum not to exceed 1 percent of the total proceeds so collected.

6. All bills and charges against the State
Highway Fund for administration, construction, reconstruction, improvement and
maintenance of highways under the provisions of this chapter must be certified
by the Director and must be presented to and examined by the State Board of
Examiners. When allowed by the State Board of Examiners and upon being audited
by the State Controller, the State Controller shall draw his or her warrant
therefor upon the State Treasurer.

7. The money deposited in the State
Highway Fund pursuant to NRS 244A.637
and 354.59815 must be maintained in a
separate account for the county from which the money was received. The interest
and income on the money in the account, after deducting any applicable charges,
must be credited to the account. Any money remaining in the account at the end
of each fiscal year does not revert to the State Highway Fund but must be
carried over into the next fiscal year. The money in the account:

(a) Must be used exclusively for the
construction, reconstruction, improvement and maintenance of highways in that
county as provided for in this chapter;

(b) Must not be used to reduce or supplant the
amount or percentage of any money which would otherwise be made available from
the State Highway Fund for projects in that county; and

(c) Must not be used for any costs of
administration or to purchase any equipment.

1. The State Highway Revolving Account is
hereby established in an amount not to exceed $500,000. The money in the
Account may be used by the Department to provide advances to employees of the
Department for travel expenses and subsistence allowances and for paying travel
expenses and subsistence allowances and other charges and obligations requiring
prompt payment, and for no other purposes.

2. The State Controller shall draw a
warrant to establish an amount of $125,000 in the account. Thereafter, upon
written request of the Board, as it deems increases in the Account to be
necessary, the Controller shall draw additional warrants. Upon presentation of
such a warrant to the State Treasurer, the State Treasurer shall pay it.

3. All money paid by the Department from
the State Highway Revolving Account must, after payment thereof, be passed upon
by the State Board of Examiners in the same manner as other claims against the
State. When approved by the State Board of Examiners, the State Controller
shall draw a warrant for the amount of the money paid in favor of the State
Highway Revolving Account to be paid to the order of the Director, and the State
Treasurer shall pay the warrant.

4. The Director shall deposit the State
Highway Revolving Account in one or more banks or credit unions of reputable
standing and secure the deposit by a depositary bond satisfactory to the State
Board of Examiners.

5. A least once each calendar quarter, the
Director shall transfer any interest and other income earned on the money in
the State Highway Revolving Account to the State Highway Fund.

NRS 408.242Establishment of nonreverting account for construction,
reconstruction, improvement and maintenance of public roads consisting of money
transferred from Fund for Cleaning Up Discharges of Petroleum and money from
other sources; semiannual allocation of balance of account.

1. The Department shall establish an
account in the State Highway Fund to be administered by the Director. The
interest and income on the money in the account, after deducting any applicable
charges, must be credited to the account. Any money remaining in the account at
the end of each fiscal year does not revert to the State Highway Fund but must
be carried over into the next fiscal year. The money in the account must be
used exclusively for the construction, reconstruction, improvement and
maintenance of public roads.

1. The State of Nevada and its Department
hereby accepts and assents to the provisions of:

(a) The Federal Aid Road Act, being an Act of
Congress entitled “An Act to provide that the United States shall aid the States
in the construction of rural post roads, and for other purposes,” approved July
11, 1916 (c. 241, 39 Stat. 355); and

(b) The Federal Highway Act, being an Act of
Congress entitled “An Act To amend the Act entitled ‘An Act to provide that the
United States shall aid the States in the construction of rural post roads, and
for other purposes,’ approved July 11, 1916, as amended and supplemented, and
for other purposes,” approved November 9, 1921 (c. 119, 42 Stat. 212).

2. The State and its Department accepts as
a continuing obligation any and all acts amendatory or supplementary to such
federal acts.

(a) To enter into all contracts and agreements
with the United States Government relating to the engineering, planning,
surveying and preparing of plans, acquiring of property, constructing and
maintaining of highways under the provisions of the Acts of Congress described
in NRS 408.245, and the rules and regulations
promulgated thereunder by the Secretary of Commerce and the Federal Highway
Administrator.

(b) To submit such schemes, plans and programs of
construction and maintenance as may be required by the Secretary of Commerce
and the Federal Highway Administrator.

(c) To do all other things necessary to carry out
the cooperation and programs contemplated and provided for by such federal
acts.

2. For the engineering, planning,
constructing and improving of highways and roads provided under the Federal Aid
Road Act, the good faith of the State is hereby pledged to make funds available
sufficient to match in the proportion designated in the Federal Aid Road Act
the sums of money apportioned to the State by or under the United States
Government, and to maintain at its own expense the highways so constructed with
the aid of funds so designated, and to make adequate provisions for carrying
out such maintenance.

(a) To enter into all contracts and agreements
with the United States Government relating to the engineering, planning, surveying,
preparing of plans, acquiring of property, constructing and maintaining of
secondary and feeder highways and roads.

(b) To submit such schemes, plans and programs of
construction and maintenance as may be required by the Secretary of Commerce
and the Federal Highway Administrator.

(c) To do all other things necessary to carry out
the cooperation and programs contemplated and provided for by such federal acts
in the construction and maintenance of such secondary and feeder highways and
roads, including farm-to-market, mine-to-market, rural free delivery, public
school bus and other rural roads.

2. For the engineering, planning,
constructing and improving of such secondary and feeder highways and roads
under the Acts of Congress described in NRS 408.245,
the good faith of the State is hereby pledged to make available funds
sufficient to match, in the proportion designated in such acts, the sums of
money apportioned to the State by or under the United States Government and to
maintain at its own expense the highways and roads so constructed with the aid
of funds so designated and make adequate provisions for carrying out such
maintenance.

1. The Department is authorized to enter
into contracts and agreements with agencies of the Federal Government in
matters concerning the construction, reconstruction, improvement and
maintenance of highways as provided in this chapter when such highways enter
upon or traverse lands under the ownership or control of such federal agencies.

2. When federal moneys for such
construction, reconstruction, improvement and maintenance have been
appropriated and made available under Acts of Congress other than those acts
described in NRS 408.245, the Department is
authorized to receive the same.

(Added to NRS by 1957, 672)

NRS 408.265Federal money deposited in State Highway Fund.All money received from the Government of the
United States and by virtue of the provisions of any Act of Congress for the
engineering, planning, surveying, acquiring of property, constructing, reconstructing
or improving of any highway in the State must be put into the State Treasury
and become a part of the State Highway Fund and that Fund must not be used for
any other purpose.

NRS 408.270Vouchers for payment; temporary transfer of money from State
General Fund to State Highway Fund.

1. At least once each month the Director
shall file with the State Controller a certificate showing the number and
amount of vouchers filed with the division engineer of the Federal Highway
Administration having jurisdiction over highway construction in the State of
Nevada, for payment out of the apportionment made to the state under
appropriations made by Congress for aid to the various states for highway
purposes.

2. Whenever claims payable out of the
State Highway Fund and properly approved by the State Board of Examiners exceed
the amount that is available in the State Highway Fund, the State Controller
may transfer temporarily from the State General Fund to the State Highway Fund
such amount as may be required to pay the claims, but not more than 50 percent
of the amount collectible from the Government of the United States as shown by
the vouchers mentioned in subsection 1.

NRS 408.271Department may expend money to conduct studies and match federal
money for capital acquisitions.The
Department may expend money, when authorized by the Legislature for expenditure
from the interest earned by investment of the State Highway Fund, to conduct
studies of transportation or to match for capital acquisition only, in the
proportion designated in the following acts, the sums of money apportioned by
the Federal Government to any of the political subdivisions of the State or any
private corporation or association in the State under these acts:

1. The Urban Mass Transportation Act (49
U.S.C. §§ 1601 et seq.), which includes the Urban Mass Transportation Act of
1964 (P.L. 88–365) and amendments made by the Federal-Aid Highway Act of 1973
(P.L. 93–87, August 13, 1973), the Surface Transportation Assistance Act of
1978 (P.L. 95–599, November 6, 1978) and any amendments thereto made after July
1, 1981.

2. The Department of Transportation Act
(49 U.S.C. §§ 1651 et seq.), which includes the Department of Transportation
Act (P.L. 89–670) and amendments made by the Local Rail Service Assistance Act
of 1978 (P.L. 95–607, November 8, 1978) and any amendments thereto made after
July 1, 1981.

(Added to NRS by 1981, 1287)

NRS 408.273Issuance of bonds.

1. The State Board of Finance shall, when
so requested by the Board, issue special obligation bonds of the State of
Nevada to provide money to enable the Department to complete pending and
currently projected highway construction projects, in an amount specified in
the request. The bonds may be issued at one time or from time to time, and must
be issued in accordance with the State Securities Law. These bonds must be
secured by:

(a) A pledge of the appropriate federal highway
grants payable to the State; or

(b) The appropriate federal highway grants
payable to the State and taxes which are credited to the State Highway Fund,
other than any taxes that would cause the bonds to create a public debt within
the meaning of Section 3 of Article 9
of the Constitution of the State of Nevada,

Ê and must
mature within not more than 20 years from their date.

2. The Department shall cooperate with the
State Treasurer in the issuance of the bonds.

3. The State Treasurer may employ any
necessary legal, financial or other professional services in connection with
the issuance of the bonds.

1. The Department shall prepare highway
planning surveys, maps and traffic studies for the purposes of securing,
preserving and furnishing all necessary information relative to all highways of
the State.

2. The Department may construct and
maintain roadside parks for the convenience of the traveling public at such
locations as the Director selects.

3. In order to provide information for the
traveling public, the Director may maintain maps, informational directories and
advertising pamphlets at safety rest areas. The Director may, with the
concurrence of the Board, contract with persons experienced in financing and
operating centers for the dissemination of maps, directories, advertising
pamphlets and other information of interest to the traveling public by leasing
to those persons available land at safety rest areas for such periods of time
and for such considerations as are determined by the Director to be in the best
interests of the State of Nevada.

4. The Department may receive any federal
money available for the purposes of this section under the federal acts
described in NRS 408.245.

5. The Department shall adopt appropriate
regulations governing the use of roadside parks and safety rest areas in the
State.

1. On or before July 15 of each year the
Board shall prepare and present to the Governor a detailed proposed work
program, the form and content to be determined by the Board, for the fiscal
year ending the following June 30, stating therein the amount, character, and
nature of the construction, reconstruction and improvements to be initiated on
the highways within the respective counties of the State during the ensuing
fiscal year, together with an estimate of the cost to complete such work.

2. The Board shall cause a copy of the
proposed work program to be printed and a copy mailed to the chair of the board
of county commissioners of the several counties of the State, and a copy must
be furnished to all news media in the State.

NRS 408.281Program for work on highways: Inclusion of designated projects
for use of recycled products.The
Department shall submit for approval to the Board of Directors, as a part of
the annual work program, designated projects for the use of recycled products.
The designated projects must:

1. Be comprised of projects for highway
construction, reconstruction, surface overlay or surface sealing for which
competitive bids have been submitted and use in the surfacing mixture at least
15 percent by weight recycled asphalt or other recycled products, such as crumb
rubber from tires, ash, plastics, glass or glassy aggregates.

2. Be comprised of equipment used in
highway construction, including, but not limited to, barriers and markers that
are made from recycled products.

NRS 408.283Cooperative agreements between Department of Transportation and
county commissioners.

1. The Department may enter into
cooperative agreements with any board of county commissioners in the State for
the improvement of any road.

2. Roads improved pursuant to this section
must belong to the county and must be maintained at the expense of the county.

3. Each agreement entered into pursuant to
this section is effective upon the approval of the Board of Directors of the
Department of Transportation, and no money may be expended pursuant to an
agreement except upon authorization by the Board.

NRS 408.2832Priority of improvement projects; determination of ability of
county to perform.

1. The Board shall determine the priority
of improvement of any road proposed pursuant to NRS
408.283.

2. The Board shall not authorize the
expenditure of money for any agreement entered into pursuant to NRS 408.283 until it first determines that the county
is able to perform its pro rata share of the improvement and that it will
maintain the project as required by the agreement.

NRS 408.2833Standards for project.The
Department shall determine standards to be met in the project.

(Added to NRS by 1971, 602)

STATE HIGHWAY SYSTEM

NRS 408.285State highways; designation of other highways and roads as state
highways and state routes; route numbers; roads for state parks.

1. Except as provided in subsection 2,
only those highways which are owned and maintained by the Department in
accordance with the provisions of this chapter are state highways, and the
Department is responsible for their construction, reconstruction, improvement
and maintenance. Money available to the State through the Acts of Congress
described in NRS 408.245 or any other federal acts
may be used therefor. When federal money is made available under federal acts
authorizing the use of federal money to build roads in the national forests,
the Board may set aside for that purpose and expend highway money on state
highways built by the Federal Government.

2. Unless it has been expressly designated
as a state highway, every other highway, road, street, lane, sidewalk, alley,
pathway, waterway or any other way for the passage of a person, animal or
vehicle is not a state highway, and the Department is not liable for any damage
arising from the use of that highway or for any hazard or deficiency in that
highway. Designation of any such way as a state highway may be accomplished
only by a written agreement properly executed by the Director and recorded in
the county in which the highway is located.

3. Other highways may be designated by the
Director as state routes if:

(a) They connect or extend existing state
highways; or

(b) Their construction, reconstruction,
improvement and maintenance by the Department is anticipated within a
reasonable period.

4. For administrative purposes all state
highways and routes may be selected, designated and assigned route numbers by
the Director. Numbers selected may conform so far as possible to applicable
federal designations of routes.

5. All roads connecting state parks with
state or county highways or city streets, where the title thereto is in the
State, are parts of the state highway system and may be maintained by the
State. The Department may construct and maintain roads within state parks
subject to approval of locations and design by the Division of State Parks of
the State Department of Conservation and Natural Resources.

NRS 408.290Procedure for establishment of new routes.The Department may establish new routes into
or in the vicinity of municipalities and metropolitan areas with the approval
of the board of county commissioners of the county in which an addition is proposed
and with the approval of the city council of any incorporated city directly
affected.

(Added to NRS by 1957, 673; A 1959, 599; 1977, 225)

NAMES AND MARKERS OF HIGHWAYS

NRS 408.303U.S. Highway No. 6 designated as Grand Army of the Republic
Highway; placement of markers.

1. United States Highway No. 6, as now or
hereafter located in this state, is designated as Grand Army of the Republic
Highway and U.S. 6.

2. The Director shall place suitable
markers along the highway and may locate them at such points as the Director
deems appropriate.

(Added to NRS by 1957, 667; A 1979, 1771)

NRS 408.307Comstock Highway: Designation; placement of markers.

1. The state highways which connect
Virginia City with other state highways are collectively designated as the
Comstock Highway.

2. The Director shall place suitable
markers along the highway and may locate them at such points as the Director
deems appropriate.

(Added to NRS by 1975, 368; A 1977, 226; 1979, 1771)

NRS 408.309Designation of Route 94.Route
94 begins at a point on the Pahrump Valley Road approximately 3.6 miles
southeast of the Nye County line, thence easterly via Lovell Summit and Red
Rock Summit to a point on the Red Rock Canyon Road approximately 11 miles west
of Las Vegas.

1. Except as otherwise provided in
subsection 2, all highways constructed under the provisions of this chapter
shall be constructed in such manner as to provide for sufficient and permanent
drainage and of such materials as to insure, so far as reasonably may be done,
considering all of the circumstances, permanent wearing qualities and to
provide against excessive maintenance cost. Regard shall always be had to the
character and quality of the traffic to be accommodated and the interests of
the public to be served.

2. The Department shall ensure that the
use of any recycled aggregate, recycled bituminous pavement or recycled rubber
from tires, or any combination thereof, in any project for the construction,
reconstruction, improvement, maintenance or repair of a highway is not
restricted unless scientific evidence satisfactory to the Department clearly
indicates that the use of the recycled aggregate, recycled bituminous pavement
or recycled rubber from tires for that project compromises the soundness of the
project.

NRS 408.317Supervision of work by Director; payments from State Highway
Fund.

1. Except as otherwise provided in NRS 408.3875 to 408.3887,
inclusive, all work of construction, reconstruction, improvement and
maintenance of highways as provided under the provisions of this chapter is
under the supervision and direction of the Director and must be performed in
accordance with the plans, specifications and contracts prepared by the
Director.

2. All maintenance and repair of highways
when performed by the Department must be paid out of the State Highway Fund.

1. Before the Department submits a
proposal for a highway project to the Board for approval, the Department shall
prepare a written analysis of the costs and benefits of the project. The
analysis must state, for each highway district in which the project is
proposed:

(a) The limits of the project;

(b) The period of analysis;

(c) The discount rate used in the analysis;

(d) The initial costs of the Department for the
project, including any costs for design, engineering, the acquisition of land
and construction;

(e) The future costs of the Department to preserve
and maintain the project, discounted to present value;

(f) Any other costs of the Department for any
other construction or any mitigation associated with the project;

(g) The costs to highway users for any loss of
safety, delays in the time of travel and costs for the operation of vehicles
that are associated with the project;

(h) The costs of any environmental impacts,
including vehicle emissions and noise, that are associated with the project;
and

(i) The value of the benefits of the project, including
the value of any:

(1) Savings in the time of travel;

(2) Improvements to safety; and

(3) Savings in the cost of operating
vehicles.

2. The analysis required by this section:

(a) Must include a discussion of any additional
increases in costs that would result from any delays in the performance of any
routine maintenance scheduled under the maintenance program of the Department;

(b) May include a discussion of:

(1) The costs of the project for any other
persons and governmental agencies;

(2) The value of any other social,
economic or environmental benefits or costs of the project; and

(3) Any costs or benefits which may result
from the use of any alternative design, construction or financing practices;
and

(c) Must be prepared in a format that allows for
the comparison of proposed highway projects.

3. The analysis required by this section
must be made available to the Board and the public when the agenda is posted
for the meeting at which the proposal will be submitted to the Board for its
approval.

4. As used in this section, “highway
project” means a project that is expected to increase the capacity of the state
highway system and cost at least $25 million.

1. Integrate the consideration of motor
vehicle recovery and bicycle lanes and bicycle routes, facilities and signs
into all plans, designs, construction and maintenance of highways; and

2. To the extent practicable, integrate
the consideration of periodic turnouts for slower vehicles into plans, designs,
construction and maintenance of highways that have one lane for traveling in
each direction.

NRS 408.323Conditions for execution of work without contract; work
resulting from disaster or emergency.

1. Whenever it can be justified by the
Director that limited work or improvements can be done in a more economical or
other satisfactory manner than by contract under NRS
408.327, the Director may, with the approval of the Board, execute such
work or improvements with Department facilities and employees.

2. In the event of disaster or great
emergency the Director may, with the approval of the Board, hire, employ or
contract for such labor, materials and equipment as are in the Director’s
opinion necessary to reroute, repair or replace any highway threatened or
damaged by the emergency or disaster, and the provisions of NRS 408.327 and 408.367 do
not apply.

1. Whenever the provisions of NRS 408.323 do not apply, the Director shall advertise
for bids for such work according to the plans and specifications prepared by
the Director.

2. The advertisement must state the place
where the bidders may obtain or inspect the plans and specifications and the
time and place for opening the plans and specifications.

3. Publication of the advertisement must
be made at least once a week for 2 consecutive weeks for a total of at least
two publications in a newspaper of general circulation in the county in which
the major portion of the proposed improvement or construction is to be made,
and the advertisement must also be published at least once a week for 2 consecutive
weeks for a total of at least two publications in one or more daily papers of
general circulation throughout the State. The first publication of the
advertisement in the daily newspapers having general circulation throughout the
State must be made not less than 15 days before the time set for opening bids.

NRS 408.333Bids and bidders: Experience and financial ability;
disqualification; hearing upon disqualification; appeal of decision.Except as otherwise provided in NRS 408.367 or 408.3875
to 408.3887, inclusive:

1. Before furnishing any person proposing
to bid on any advertised work with the plans and specifications for such work,
the Director shall require from the person a statement, verified under oath, in
the form of answers to questions contained in a standard form of questionnaire
and financial statement, which must include a complete statement of the
person’s financial ability and experience in performing public work and any
other comparable experience.

2. Such statements must be filed with the
Director in ample time to permit the Department to verify the information
contained therein in advance of furnishing proposal forms, plans and
specifications to any person proposing to bid on the advertised public work, in
accordance with the regulations of the Department.

3. Whenever the Director is not satisfied
with the sufficiency of the answers contained in the questionnaire and
financial statement, the Director may refuse to furnish the person with plans
and specifications and the official proposal forms on the advertised project.
If the Director determines that the person has, within the preceding year,
materially breached a contract for a public work for which the cost exceeds
$25,000,000, the Director shall refuse to furnish the person with plans and
specifications and the official proposal forms on the advertised project. Any
bid of any person to whom plans and specifications and the official proposal
forms have not been issued in accordance with this section must be disregarded,
and the certified check, cash or undertaking of such a bidder returned
forthwith.

4. Any person who is disqualified by the
Director, in accordance with the provisions of this section, may request, in
writing, a hearing before the Director and present again the person’s check,
cash or undertaking and such further evidence with respect to the person’s
financial responsibility, organization, plant and equipment, or experience, as
might tend to justify, in his or her opinion, issuance to him or her of the
plans and specifications for the work.

5. Such a person may appeal the decision
of the Director to the Board no later than 5 days before the opening of the
bids on the project. If the appeal is sustained by the Board, the person must
be granted the rights and privileges of all other bidders.

1. All bids must be accompanied by an
undertaking executed by a corporate surety authorized to do business in the
State, or by cash or a certified check in an amount equal to at least 5 percent
of the amount bid. Such undertaking, cash or check furnished to accompany a bid
submitted on-line pursuant to NRS 408.343 must be
furnished in accordance with the procedures set forth by the Director.

2. If the successful bidder fails to
execute the contract in accordance with his or her bid and give any bond
required by law and the contract and bond are not postmarked or delivered to
the Department within 20 days after award of the contract, the undertaking,
cash or certified check is forfeited and the proceeds must be paid into the
State Highway Fund.

3. The failure of the successful bidder to
furnish any bond required of the bidder by law within the time fixed for his or
her execution of the contract constitutes a failure to execute the contract.

4. If the Director deems it is for the
best interests of the State, the Director may, on refusal or failure of the
successful bidder to execute the contract, award it to the second lowest
responsible bidder. If the second lowest responsible bidder fails or refuses to
execute the contract, the Director may likewise award it to the third lowest
responsible bidder. On the failure or refusal to execute the contract of the
second or third lowest bidder to whom a contract is so awarded, their bidder’s
security is likewise forfeited to the State.

5. The bidder’s security of the second and
third lowest responsible bidders may be withheld by the Department until the
contract has been finally executed and the bond given as required under the
provisions of the contract, at which time the security must be returned. The
bidder’s security submitted by all other unsuccessful bidders must be returned
to them within 10 days after the contract is awarded.

(1) Under sealed cover and received at the
address in Nevada stated in the advertisement for bids and must be opened
publicly and read at the time stated in the advertisement; or

(2) Pursuant to the process of on-line
bidding established by the Director.

(b) No bids may be received after the time stated
in the advertisement even though bids are not opened exactly at the time stated
in the advertisement. No bid, whether submitted in accordance with subparagraph
(1) or (2) of paragraph (a), may be opened before that time.

(c) Any bid may be withdrawn by request at any
time before the time stated in the advertisement. The withdrawal must be filed
with the Director and executed by the bidder or the bidder’s duly authorized
representative. The withdrawal may be filed electronically. The withdrawal of a
bid does not prejudice the right of the bidder to file a new bid before the
time stated in the advertisement.

(d) The Department may reject any bid or all bids
if, in the opinion of the Department, the bids are unbalanced, incomplete,
contain irregularities of any kind or for any good cause.

(e) Until the final award of the contract, the
Department may reject or accept any bids and may waive technical errors
contained in the bids, as may be deemed best for the interests of the State.

(f) In awarding a contract, the Department shall
make the award to the lowest responsible bidder who has qualified and submitted
his or her bid in accordance with the provisions of this chapter.

2. The Director may adopt regulations to
carry out the provisions of this section.

3. As used in this section, “on-line
bidding” means a process:

(a) That is established by the Director; and

(b) By which bidders submit proposals or bids for
contracts on a secure website on the Internet or its successor, if any, which
is established and maintained by the Department for that purpose.

1. Any contract made or awarded by the
Department for the construction, improvement, maintenance or repair of a
highway or an appurtenance to that highway may include a provision for the payment
of an additional amount of money to the person with whom the contract is made
or to whom it is awarded if the person satisfactorily completes the
construction, improvement, maintenance or repair of the highway or appurtenance
before the date for completion of that construction, improvement, maintenance
or repair set forth in the contract.

2. The amount of money to be paid pursuant
to a provision included in a contract specified in subsection 1 and the date
before which the work must be completed must be determined by the Department.

NRS 408.347Execution of contract in name of State; copies filed with
Department and county commissioners.

1. All construction contracts authorized
by NRS 408.327 must be executed in the name of the
State of Nevada and must be signed by the Chair of the Board and attested by
the Director, under the seal of the Department, signed by the contracting party
or parties, and the form and legality of such contracts approved by the
Attorney General or Chief Counsel of the Department.

2. When the contract is fully executed, a
copy of the same, including plans and specifications, must be filed in the
office of the Department at Carson City, Nevada, and with the clerk of the
board of county commissioners of the county in which the work is to be
performed.

NRS 408.353Interest of member of Board, officer or employee prohibited;
exception; voidability; penalties.

1. Except as otherwise provided in
subsection 2, all members of the Board, directors and other officers or
employees of the Department are prohibited from having any interest, directly
or indirectly, in any contract entered into by the Department.

2. If the Director of the Department deems
it necessary to enter into a contract with one of the persons described in
subsection 1, the Director shall submit the proposed contract to the State
Board of Examiners for approval. Upon its approval, the Director may enter into
the contract.

3. Any contract made in violation of this
section may be declared void at the instance of the State or any person interested
in the contract except a person prohibited from being interested in it.

4. Any person violating the provisions of
this section, directly or indirectly, is guilty of a gross misdemeanor,
forfeits his or her office and is forever disqualified from holding any public
office in this state.

NRS 408.354Contract awarded to railroad company may provide under certain
circumstances that railroad company is exempt from requirements concerning
bonds.If the Director awards to a
railroad company a contract for a project for the construction, reconstruction,
improvement or maintenance of a highway and the project is located on property
that is owned by or under the control of the railroad company, the contract may
provide that the railroad company is not required to file, furnish or obtain a
payment bond, performance bond or any other bond that would otherwise be
required pursuant to the provisions of this chapter.

1. Except as otherwise provided in NRS 408.354, every contract must provide for the
filing and furnishing of one or more bonds by the successful bidder, with
corporate sureties approved by the Department and authorized to do business in
the State, in a sum equal to the full or total amount of the contract awarded.
The bond or bonds must be performance bonds or labor and material bonds, or
both.

2. The performance bonds must:

(a) Guarantee the faithful performance of the
contract in accordance with the plans, specifications and terms of the
contract.

(b) Be maintained for 1 year after the date of
completion of the contract.

3. The labor and material bonds must:

(a) Secure payment of state and local taxes
relating to the contract, premiums under the Nevada Industrial Insurance Act,
contributions under the Unemployment Compensation Law, and payment of claims
for labor, materials, provisions, implements, machinery, means of
transportation or supplies furnished upon or used for the performance of the
contract; and

(b) Provide that if the contractor or his or her
subcontractors, or assigns, fail to pay for such taxes, premiums,
contributions, labor and materials required of, and used or consumed by, the
contractor or his or her subcontractors, the surety shall make the required
payment in an amount not exceeding the total sum specified in the bond together
with interest at a rate of 8 percent per annum.

Ê All such
bonds must be otherwise conditioned as required by law or the Department.

4. No person bidding for work or
submitting proposals under the provisions of this chapter may be accepted as
surety on any bond.

5. Whenever the Department has cause to
believe that the sureties or any of them have become insufficient, it may
demand in writing of the contractor such further bonds or additional sureties,
in a total sum not exceeding that originally required, as are necessary,
considering the extent of the work remaining to be done. Thereafter no payment
may be made upon the contract to the contractor or any assignee of the
contractor until the further bonds or additional sureties have been furnished.

6. The Department in every contract may
require the furnishing of proof by the successful bidder of public liability
and insurance coverage for damage to property.

1. Any person who has furnished labor,
materials, provisions, implements, machinery, means of transportation or
supplies used or consumed by such contractor or the contractor’s subcontractors
in or about the performance of the work contracted to be done, and whose claim
therefor has not been paid by such contractor or subcontractors, and who
desires to be protected under the bond, shall file with the Department a claim
in triplicate within 30 days from the date of final acceptance of the contract
as provided in NRS 408.387, and such claim shall be
executed and verified before a notary public and contain a statement that the
same has not been paid. One copy shall be filed in the office of the Department
and the remaining copies shall be forwarded to the contractor and surety.

2. Any such person so filing a claim may
at any time within 6 months thereafter commence an action against the surety or
sureties on the bond for the recovery of the amount of the claim and the filing
of such claim shall not constitute a claim against the Department. Failure to
commence such action upon the bond and the sureties within 6 months after date
of the Department’s final acceptance will bar any right of action against such
surety or sureties.

1. With the approval of the Board, the
Director may receive informal bids and award contracts for highway
construction, reconstruction, improvements, and maintenance on projects
estimated to cost not in excess of $250,000.

2. Before furnishing any person proposing
to bid on any solicited work with the plans and specifications for such work,
the Director shall require from the person a statement, verified under oath, in
the form of answers to questions contained in a standard form of questionnaire,
which must include information describing:

(a) The geographical regions of this State in
which the person is willing to perform the public work;

(b) The type of license and classification, if
any, held by the person; and

(c) The business license held by the person and
its expiration date.

3. Before awarding a contract pursuant to
subsection 1, the Director must:

(a) If the estimated cost of the project is
$50,000 or less, solicit a bid from at least one properly licensed contractor;
and

(b) If the estimated cost of the project is more
than $50,000 but not more than $250,000, solicit bids from at least three
properly licensed contractors.

4. Any bids received in response to a
solicitation for bids made pursuant to subsection 3 may be rejected if the
Director determines that:

(a) The quality of the services, materials,
equipment or labor offered does not conform to the approved plan or specifications;

(b) The bidder is not responsive or responsible;
or

(c) The public interest would be served by such a
rejection.

5. At least once each quarter, the
Director shall prepare a report detailing, for each project for which a
contract for its completion is awarded pursuant to paragraph (b) of subsection
3, if any:

(a) The name of the contractor to whom the
contract was awarded;

(b) The amount of the contract awarded;

(c) A brief description of the project; and

(d) The names of all contractors from whom bids
were solicited.

6. A report prepared pursuant to
subsection 5 is a public record and must be maintained on file at the principal
offices of the Department.

7. Except as otherwise provided in NRS 408.354, contracts awarded pursuant to the
provisions of this section must be accompanied by bonds and conditioned and
executed in the name of the State of Nevada, and must be signed by the Director
under the seal of the Department, and by the contracting party or parties. The
form and legality of those contracts must be approved by the Attorney General
or Chief Counsel of the Department.

NRS 408.373Contractor: Compliance with state laws concerning workers’
compensation and unemployment compensation; compliance with other laws.

1. Before paying any money or drawing a
warrant in payment to a person to whom a contract is awarded, the State Controller
shall require satisfactory evidence of the person’s compliance with the
requirements to provide workers’ compensation pursuant to chapters 616A to 617,
inclusive, of NRS and of the person’s payment of the contributions and payments
required by chapter 612 of NRS, and the State
Controller shall withhold payment to the contractor or the contractor’s assigns
until the evidence is provided.

2. If a contractor fails to provide the
required coverage, the State Controller may make the payments for this purpose
to a private carrier on his or her own behalf from money withheld pursuant to
the provisions of subsection 1.

3. Failure to comply with all federal,
state and local laws, rules, regulations and ordinances is sufficient cause to
withhold any money due the contractor until compliance therewith.

1. No prime or general contractor shall
assign or sublet any portion of work to be done under the terms of any contract
except:

(a) Upon the written approval of the Department.

(b) In accordance with the terms of the contract
or specifications.

2. All subcontractors and assignees of the
prime or general contractor shall be required to comply with the provisions of NRS 408.373 in the same manner as the prime or general
contractor.

(Added to NRS by 1957, 686)

NRS 408.379Subcontractor: State business license required.

1. A subcontractor who enters into a
subcontract for a project for the construction and maintenance of a highway
shall not accept or otherwise receive any public money for the project,
including, without limitation, accepting or receiving any public money as a
payment from a contractor, unless the subcontractor is the holder of a state
business license issued pursuant to chapter 76
of NRS.

2. As used in this section,
“subcontractor” has the meaning ascribed to it in NRS 338.010.

NRS 408.383Contractor: Partial payments; percentage retained; substitution
of certain obligations for retained payments; period for dispersal of money by
contractor to subcontractors; rate of interest on delinquent dispersal;
procedure for resolution of dispute over dispersal.

1. Except as otherwise provided in
subsections 2, 11 and 12, the Director may pay at the end of each calendar
month, or as soon thereafter as practicable, to any contractor satisfactorily
performing any highway improvement or construction as the work progresses in
full for the work as completed but not more than 95 percent of the entire
contract price. The progress estimates must be based upon materials in place, or
on the job site, or at a location approved by the Director, and invoiced, and
labor expended thereon. The remaining 5 percent, but not more than $50,000,
must be retained until the entire contract is completed satisfactorily and
accepted by the Director.

2. If the work in progress is being
performed on a satisfactory basis, the Director may reduce the percentage
retained if the Director finds that sufficient reasons exist for additional
payment and has obtained written approval from every surety furnishing bonds
for the work. Any remaining money must be retained until the entire contract is
completed satisfactorily and accepted by the Director.

3. If it becomes necessary for the
Department to take over the completion of any highway contract or contracts,
all of the amounts owing the contractor, including the withheld percentage,
must first be applied toward the cost of completion of the contract or
contracts. Any balance remaining in the retained percentage after completion by
the Department is payable to the contractor or the contractor’s creditors.

4. Such retained percentage as may be due
any contractor is due and payable at the expiration of the 30-day period as
provided in NRS 408.363 for filing of creditors’
claims, and this retained percentage is due and payable to the contractor at
that time without regard to creditors’ claims filed with the Department.

5. The contractor under any contract made
or awarded by the Department, including any contract for the construction,
improvement, maintenance or repair of any road or highway or the appurtenances
thereto, may, from time to time, withdraw the whole or any portion of the sums
otherwise due to the contractor under the contract which are retained by the
Department, pursuant to the terms of the contract, if the contractor deposits
with the Director:

(a) United States treasury bonds, United States
treasury notes, United States treasury certificates of indebtedness or United
States treasury bills;

(b) Bonds or notes of the State of Nevada; or

(c) General obligation bonds of any political
subdivision of the State of Nevada.

Ê Certificates
of deposit must be of a market value not exceeding par, at the time of deposit,
but at least equal in value to the amount so withdrawn from payments retained
under the contract.

6. The Director has the power to enter into
a contract or agreement with any national bank, state bank, credit union, trust
company or safe deposit company located in the State of Nevada, designated by
the contractor after notice to the owner and surety, to provide for the
custodial care and servicing of any obligations deposited with the Director
pursuant to this section. Such services include the safekeeping of the
obligations and the rendering of all services required to effectuate the
purposes of this section.

7. The Director or any national bank,
state bank, credit union, trust company or safe deposit company located in the
State of Nevada, designated by the contractor to serve as custodian for the
obligations pursuant to subsection 6, shall collect all interest or income when
due on the obligations so deposited and shall pay them, when and as collected,
to the contractor who deposited the obligation. If the deposit is in the form
of coupon bonds, the Director shall deliver each coupon as it matures to the
contractor.

8. Any amount deducted by the State of
Nevada, or pursuant to the terms of a contract, from the retained payments
otherwise due to the contractor thereunder, must be deducted first from that
portion of the retained payments for which no obligation has been substituted,
then from the proceeds of any deposited obligation. In the latter case, the
contractor is entitled to receive the interest, coupons or income only from
those obligations which remain on deposit after that amount has been deducted.

9. A contractor shall disburse money paid
to the contractor pursuant to this section, including any interest that the
contractor receives, to his or her subcontractors and suppliers within 15 days
after receipt of the money in the proportion that the value of the work
performed by each subcontractor or the materials furnished by each supplier
bears to the total amount of the contract between the principal contractor and
the Department.

10. Money payable to a subcontractor or
supplier accrues interest at a rate equal to the lowest daily prime rate at the
three largest banks in the United States on the date the subcontract or order
for supplies was executed plus 2 percent, from 15 days after the money was
received by the principal contractor until the date of payment.

11. If a contractor withholds more than 10
percent of a payment required by subsection 9, the subcontractor or supplier
may inform the Director in writing of the amount due. The Director shall
attempt to resolve the dispute between the contractor and the subcontractor or supplier
within 20 working days after the date that the Director receives notice of the
amount due. If the dispute is not resolved within 20 working days after the
date that the Director receives notice of the amount due, the contractor shall
deposit the disputed amount in an escrow account that bears interest. The
contractor, subcontractor or supplier may pursue any legal or equitable remedy
to resolve the dispute over the amount due. The Director may not be made a
party to any legal or equitable action brought by the contractor, subcontractor
or supplier.

12. If the Director awards to a railroad
company a contract for a project for the construction, reconstruction,
improvement or maintenance of a highway and the project is located on property
that is owned by or under the control of the railroad company, the Director may
agree in the contract not to retain any portion of the contract price.

NRS 408.387Contract: Publication of notice of final acceptance; final settlement.

1. Before making final payment on any
contract as provided in this chapter the Director shall cause the publication
of a notice of the date of final acceptance of the contract for a period of at
least 2 weeks in every issue of a newspaper of general circulation in the
county wherein the major portion of the contract work was performed, and such
notice may also be published each day for a period of at least 10 days in one
or more daily newspapers of general circulation throughout the State.

2. No final settlement of the contract may
be made with the contractor until 30 days after the date of such final
acceptance of the contract.

(Added to NRS by 1957, 687; A 1963, 977; 1969, 891;
1979, 1776)

Disadvantaged Business Enterprises

NRS 408.3872“Disadvantaged business enterprise” defined. [Expires by
limitation on the earlier of September 30, 2023, or the date 90 days after the
date on which the Director of the Department of Transportation transmits to the
Governor and the Director of the Legislative Counsel Bureau the statement and
report required by subsection 3 of NRS 408.38726.]As used in NRS
408.3872 to 408.38728, inclusive, unless the
context otherwise requires, “disadvantaged business enterprise” has the meaning
ascribed to it in 49 C.F.R. § 26.5.

NRS 408.38722Legislative findings and declaration. [Expires by limitation on
the earlier of September 30, 2023, or the date 90 days after the date on which
the Director of the Department of Transportation transmits to the Governor and
the Director of the Legislative Counsel Bureau the statement and report
required by subsection 3 of NRS 408.38726.]The Legislature hereby finds and declares
that:

1. The State wishes to provide all of its
citizens with equal access to opportunities for business formation and business
growth.

2. The elimination of discrimination
against disadvantaged business enterprises is of paramount importance to the
future welfare of this State.

3. The Legislature has received and
carefully reviewed the “Availability and Disparity Study” commissioned by the
Department and published on June 15, 2007, that this study provides a strong
basis of evidence demonstrating persistent discrimination against businesses
owned by women and minorities and that this study demonstrates that:

(a) Disparities exist in the utilization of
businesses owned by women and minorities in the same geographic markets and
industry categories in which the Department does business;

(b) The State would become a passive participant
in private-sector racial, ethnic and gender discrimination if it ceased or
curtailed its remedial efforts against such discrimination;

(c) An overall pattern of disparities exists in
the utilization of all racial and ethnic groups and both minority and
nonminority women combined in all Department contracts;

(d) Evidence exists that discrimination in the
private sector has depressed the formation and growth of firms among minority
and nonminority women entrepreneurs; and

(e) Evidence exists of discrimination against
minority and nonminority women business owners in the Nevada marketplace.

4. The Department should continue to use
race-neutral and gender-neutral efforts to eliminate discrimination to the
maximum extent feasible and should use only race-conscious and gender-conscious
measures where necessary to eliminate discrimination that was not alleviated by
race-neutral and gender-neutral efforts, and only as allowed under federal law.

5. NRS 408.3872
to 408.38728, inclusive, continues and enhances
efforts to ensure that the Department limits the burden on businesses which are
not disadvantaged business enterprises by ensuring flexibility in the
operations of the Department.

6. Efforts by this State to support the development
of businesses owned by women and minorities that are competitively viable will
assist in reducing discrimination and creating jobs for all citizens of this
State.

NRS 408.38724Department to establish goals for awarding contracts;
regulations. [Expires by limitation on the earlier of September 30, 2023, or
the date 90 days after the date on which the Director of the Department of
Transportation transmits to the Governor and the Director of the Legislative
Counsel Bureau the statement and report required by subsection 3 of NRS
408.38726.]

1. The Department shall establish goals
for the awarding of contracts to disadvantaged business enterprises and local
emerging small businesses for:

(a) Highway construction, reconstruction,
improvements and maintenance on projects estimated to cost $250,000 or more
that do not receive federal funding; and

(b) Architectural, engineering and planning
services.

2. The Department shall ensure that the
goals established pursuant to subsection 1 are:

(a) Consistent with the goals required for
similar projects that receive federal funding; and

(b) Based upon information about the relevant
market for which the goals are set.

3. The Department shall adopt regulations
to define the term “local emerging small business” for the purposes of NRS 408.3872 to 408.38728,
inclusive. When adopting regulations pursuant to this subsection, the
Department shall determine whether other state agencies have adopted related
definitions for similar projects and, if so, coordinate with those state
agencies in defining the term.

NRS 408.38726Duties of Department: Review of information regarding goals;
biennial report; discontinuation statement and report. [Expires by limitation
on the earlier of September 30, 2023, or the date 90 days after the date on
which the Director of the Department of Transportation transmits to the
Governor and the Director of the Legislative Counsel Bureau the statement and
report required by subsection 3 of NRS 408.38726.]

1. The Department shall regularly review
information about the goals established pursuant to NRS
408.38724 and the markets for which these goals are set.

2. The Department shall prepare a biennial
report for the Governor and the Legislature and submit the report on or before
December 31 of each even-numbered year. The biennial report must include,
without limitation:

(a) All goals established by the Department
pursuant to NRS 408.38724;

(b) Whether each goal established by the
Department has been achieved; and

(c) For each goal established by the Department
that has not been achieved, information on all efforts undertaken by the
Department to achieve the goal.

3. If the Department determines that the
information gathered pursuant to subsection 1 indicates that disparities no
longer exist in the awarding of contracts to disadvantaged business enterprises
and a discontinuation of the goals required to be established by NRS 408.38724 would be in the best interest of this
State, the Director shall transmit to the Governor and the Director of the
Legislative Counsel Bureau for transmission to the Legislature a statement of
that determination accompanied by a report detailing the findings of the
Department which justify that determination.

NRS 408.38728Regulations. [Expires by limitation on the earlier of September
30, 2023, or the date 90 days after the date on which the Director of the
Department of Transportation transmits to the Governor and the Director of the
Legislative Counsel Bureau the statement and report required by subsection 3 of
NRS 408.38726.]The
Department shall adopt such regulations as are necessary to carry out the
provisions of NRS 408.3872 to 408.38728, inclusive.

NRS 408.3875Definitions.As
used in NRS 408.3875 to 408.3887,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 408.3876 to 408.3879,
inclusive, have the meanings ascribed to them in those sections.

NRS 408.3876“Design-build contract” defined.“Design-build
contract” means a contract between the Department and a design-build team in
which the design-build team agrees to design and construct a project.

NRS 408.388Projects for which Department may contract with design-build
team.

1. Except as otherwise provided in NRS 408.5471 to 408.549,
inclusive, the Department may contract with a design-build team for the design
and construction of a project if the Department determines that:

(a) Except as otherwise provided in subsection 2,
the estimated cost of the project exceeds $10,000,000; and

(b) Contracting with a design-build team will
enable the Department to:

(1) Design and construct the project at a
cost that is significantly lower than the cost that the Department would incur
to design and construct the project using a different method;

(2) Design and construct the project in a
shorter time than would be required to complete the project using a different
method, if exigent circumstances require that the project be designed and
constructed within a short time; or

(3) Ensure that the design and
construction of the project is properly coordinated, if the project is unique,
highly technical and complex in nature.

2. Notwithstanding the provisions of
subsection 1, the Department may, twice in each fiscal year, contract with a
design-build team for the design and construction of a project the estimated
cost of which is at least $5,000,000 but less than $10,000,000 if the
Department makes the determinations otherwise required pursuant to paragraph
(b) of subsection 1.

NRS 408.3882Procedure for selecting design-build team.If the Department desires to contract with a
design-build team pursuant to NRS 408.388 and 408.3881, the Department must select the design-build
team in accordance with NRS 408.3883 to 408.3886, inclusive.

NRS 408.3883Request for preliminary proposals: Advertisement by Department;
publication; information available for inspection by design-build teams.

1. The Department shall advertise for
preliminary proposals for the design and construction of a project by a
design-build team in a newspaper of general circulation in this State.

2. A request for preliminary proposals
published pursuant to subsection 1 must include, without limitation:

(a) A description of the proposed project;

(b) Separate estimates of the costs of designing
and constructing the project;

(c) The dates on which it is anticipated that the
separate phases of the design and construction of the project will begin and
end;

(d) The date by which preliminary proposals must
be submitted to the Department, which must not be less than 30 days after the
date that the request for preliminary proposals is first published in a
newspaper pursuant to subsection 1; and

(e) A statement setting forth the place and time
in which a design-build team desiring to submit a proposal for the project may
obtain the information necessary to submit a proposal, including, without
limitation, the information set forth in subsection 3.

3. The Department shall maintain at the
time and place set forth in the request for preliminary proposals the following
information for inspection by a design-build team desiring to submit a proposal
for the project:

(a) The extent to which designs must be completed
for both preliminary and final proposals and any other requirements for the
design and construction of the project that the Department determines to be
necessary;

(c) A list of the factors that the Department
will use to evaluate design-build teams who submit a proposal for the project,
including, without limitation:

(1) The relative weight to be assigned to
each factor pursuant to NRS 408.3886; and

(2) A disclosure of whether the factors
that are not related to cost are, when considered as a group, more or less
important in the process of evaluation than the factor of cost;

(d) Notice that a design-build team desiring to
submit a proposal for the project must include with its proposal the
information used by the Department to determine finalists among the
design-build teams submitting proposals pursuant to subsection 2 of NRS 408.3885 and a description of that information;

(e) A statement that a design-build team whose
prime contractor holds a certificate of eligibility to receive a preference in
bidding on public works issued pursuant to NRS
338.1389 or 338.147 and whose
members who hold a certificate of registration to practice architecture or a
license as a professional engineer and who hold a certificate of eligibility to
receive a preference when competing for public works issued pursuant to NRS 338.173 should submit with its
proposal a copy of each certificate of eligibility and a signed affidavit that
meets the requirements of subsection 1 of NRS
338.0117; and

(f) A statement as to whether a design-build team
that is selected as a finalist pursuant to NRS
408.3885 but is not awarded the design-build contract pursuant to NRS 408.3886 will be partially reimbursed for the
cost of preparing a final proposal or best and final offer, or both, and, if
so, an estimate of the amount of the partial reimbursement.

NRS 408.3885Procedure for selecting finalists from among design-build teams
that submitted preliminary proposals.

1. The Department shall select at least
three but not more than five finalists from among the design-build teams that
submitted preliminary proposals. If the Department does not receive at least
three preliminary proposals from design-build teams that the Department
determines to be qualified pursuant to this section and NRS
408.3884, the Department may not contract with a design-build team for the
design and construction of the project.

2. The Department shall select finalists
pursuant to subsection 1 by:

(a) Verifying that each design-build team which
submitted a preliminary proposal satisfies the requirements of NRS 408.3884;

(b) Conducting an evaluation of the
qualifications of each design-build team that submitted a preliminary proposal,
including, without limitation, an evaluation of:

(1) The professional qualifications and
experience of the members of the design-build team;

(2) The performance history of the members
of the design-build team concerning other recent, similar projects completed by
those members, if any;

(3) The safety programs established and
the safety records accumulated by the members of the design-build team;

(4) The proposed plan of the design-build
team to manage the design and construction of the project that sets forth in
detail the ability of the design-build team to design and construct the
project; and

(5) The degree to which the preliminary
proposal is responsive to the requirements of the Department for the submittal
of a preliminary proposal; and

(c) Except as otherwise provided in this
paragraph, assigning, without limitation, a relative weight of 5 percent to the
possession of both a certificate of eligibility to receive a preference in
bidding on public works by the prime contractor on the design-build team and a
certificate of eligibility to receive a preference when competing for public
works by all persons who hold a certificate of registration to practice
architecture or a license as a professional engineer on the design-build team.
If any federal statute or regulation precludes the granting of federal
assistance or reduces the amount of that assistance for a particular public
work because of the provisions of this paragraph relating to a preference in
bidding on public works or a preference when competing for public works, those
provisions of this paragraph do not apply insofar as their application would
preclude or reduce federal assistance for that public work.

3. After the selection of finalists
pursuant to this section, the Department shall make available to the public the
results of the evaluations of preliminary proposals conducted pursuant to
paragraph (b) of subsection 2 and identify which of the finalists, if any,
received an assignment of 5 percent pursuant to paragraph (c) of subsection 2.

NRS 408.3886Requests for final proposals and best and final offers:
Selection or rejection of proposal or offer; contents of contract between
Department and design-build team; duties of design-build team.

1. After selecting the finalists pursuant
to NRS 408.3885, the Department shall provide to
each finalist a request for final proposals for the project. The request for
final proposals must:

(a) Set forth the factors that the Department
will use to select a design-build team to design and construct the project,
including the relative weight to be assigned to each factor; and

(b) Set forth the date by which final proposals
must be submitted to the Department.

2. Except as otherwise provided in this
subsection, in assigning the relative weight to each factor for selecting a
design-build team pursuant to subsection 1, the Department shall assign,
without limitation, a relative weight of 5 percent to the design-build team’s
possession of both a certificate of eligibility to receive a preference in
bidding on public works by the prime contractor on the design-build team, if
the design-build team submits a signed affidavit that meets the requirements of
subsection 1 of NRS 338.0117, and a
certificate of eligibility to receive a preference when competing for public
works by all persons who hold a certificate of registration to practice
architecture or a license as a professional engineer on the design-build team,
and a relative weight of at least 30 percent for the proposed cost of design
and construction of the project. If any federal statute or regulation precludes
the granting of federal assistance or reduces the amount of that assistance for
a particular project because of the provisions of this subsection relating to a
preference in bidding on public works or a preference when competing for public
works, those provisions of this subsection do not apply insofar as their
application would preclude or reduce federal assistance for that project.

3. A final proposal submitted by a
design-build team pursuant to this section must be prepared thoroughly, be
responsive to the criteria that the Department will use to select a
design-build team to design and construct the project described in subsection 1
and comply with the provisions of NRS
338.141.

4. After receiving the final proposals for
the project, the Department shall:

(a) Select the most cost-effective and responsive
final proposal, using the criteria set forth pursuant to subsections 1 and 2;

(b) Reject all the final proposals; or

(c) Request best and final offers from all
finalists in accordance with subsection 5.

5. If the Department determines that no
final proposal received is cost-effective or responsive and the Department
further determines that requesting best and final offers pursuant to this
subsection will likely result in the submission of a satisfactory offer, the
Department may prepare and provide to each finalist a request for best and
final offers for the project. In conjunction with preparing a request for best
and final offers pursuant to this subsection, the Department may alter the
scope of the project, revise the estimates of the costs of designing and
constructing the project, and revise the selection factors and relative weights
described in paragraph (a) of subsection 1. A request for best and final offers
prepared pursuant to this subsection must set forth the date by which best and
final offers must be submitted to the Department. After receiving the best and
final offers, the Department shall:

(a) Select the most cost-effective and responsive
best and final offer, using the criteria set forth in the request for best and
final offers; or

(b) Reject all the best and final offers.

6. If the Department selects a final
proposal pursuant to paragraph (a) of subsection 4 or selects a best and final
offer pursuant to paragraph (a) of subsection 5, the Department shall hold a
public meeting to:

(a) Review and ratify the selection.

(b) Partially reimburse the unsuccessful
finalists if partial reimbursement was provided for in the request for
preliminary proposals pursuant to paragraph (f) of subsection 3 of NRS 408.3883. The amount of reimbursement must not
exceed, for each unsuccessful finalist, 3 percent of the total amount to be
paid to the design-build team as set forth in the design-build contract.

(c) Make available to the public a summary
setting forth the factors used by the Department to select the successful
design-build team and the ranking of the design-build teams who submitted final
proposals and, if applicable, best and final offers. The Department shall not
release to a third party, or otherwise make public, financial or proprietary
information submitted by a design-build team.

(1) An amount that is the maximum amount that
the Department will pay for the performance of all the work required by the
contract, excluding any amount related to costs that may be incurred as a
result of unexpected conditions or occurrences as authorized by the contract;

(2) An amount that is the maximum amount
that the Department will pay for the performance of the professional services
required by the contract; and

(3) A date by which performance of the
work required by the contract must be completed.

8. A design-build team to whom a contract
is awarded pursuant to this section shall:

(a) Assume overall responsibility for ensuring
that the design and construction of the project is completed in a satisfactory
manner; and

(b) Use the workforce of the prime contractor on
the design-build team to construct at least 15 percent of the project.

NRS 408.3887Employment of architect or engineer as consultant during
construction.The Department may
employ a registered architect or licensed professional engineer as a consultant
to assist the Department in overseeing the construction of a project. An
architect or engineer so employed shall not:

1. Construct, reconstruct or improve the
highway; or

2. Assume overall responsibility for
ensuring that the construction of the project is completed in a satisfactory
manner.

(a) Cooperate with the Labor Commissioner in the
enforcement of the state labor laws insofar as the labor laws relate to labor
performed in construction, maintenance and repair of highways under the
jurisdiction of the Department.

(b) Require that any work done, either by
contract or day’s pay, must be paid for at the legal wage as fixed by law.

2. A contractor shall not charge persons
seeking employment for transportation or fares in case of their being refused
employment or in case of being discharged from employment, such transportation
or fares applying to their return to the nearest city or town.

3. A contractor for any improvements on
highways furnishing board for his or her employees shall not charge more than
$3.50 per day for three substantial meals.

4. If any contractor violates any of the
provisions of this section three times in any 1 year, the Department shall
refuse the contractor the right to bid on any contract for 1 year, or
participate in any contract as subcontractor or in any manner whatever during
the period.

5. The Department and the Labor
Commissioner shall enforce the provisions of this section.

6. This section does not apply to work
done directly by any public utility pursuant to an order of the Department or
other public authority, whether or not done under public supervision or
direction, or paid for wholly or in part out of public money.

NRS 408.397Procedure for diversion or change of route of highway.Whenever in the construction, reconstruction,
maintenance or repair of any highway it appears to the Director that any
portion of the highway is dangerous or inconvenient to the traveling public in
its existing location by reason of grades, dangerous turns or other local
conditions, or that the expense in the constructing, building, rebuilding,
maintaining or repairing of the highway would be unreasonably great and could
be materially reduced or lessened by change of route, the Director may divert
or change the route, but:

1. The highway must not be changed or
diverted to exclude any city or town unless the consent of the governing body
of that city or town has been obtained; and

2. The Director shall submit a plan of the
proposed change to the Board which must be approved by the Board before action
is taken to effect the change.

1. Upon a resolution of the Board, the
Department under the provisions of this chapter may lay out, establish,
acquire, open, construct, reconstruct, improve, maintain, repair, regulate,
vacate or abandon freeways, with the approval of the board of county
commissioners of the county in which the freeways are proposed and with the
approval of the city council of any incorporated city directly affected
thereby.

2. The Department has all such additional
and necessary authority relative to freeways as it possesses relative to other
highways, including the authority to acquire by gift, purchase, condemnation or
otherwise any real property or interests therein, including abutter’s rights or
access rights required for a freeway.

3. Where an existing highway, in whole or
in part, has been designated as, or included within, a freeway, existing
abutter’s rights of light, view and air, and easements of access to and from
abutting land may be extinguished by gift, purchase, condemnation or otherwise.

4. As a necessary adjunct of any freeway,
the Department may lay out, establish, acquire, open, construct, reconstruct,
improve, maintain, repair, vacate or abandon frontage roads to provide service
and access from areas adjacent to such freeway.

NRS 408.407Reimbursement of utility by State for relocation of facility
located on or near certain highways.

1. For the purposes of this section:

(a) “Cost of relocation” means the entire amount
paid by a utility properly attributable to the relocation of its facilities,
including removal, reconstruction and replacement after deducting therefrom any
increase in value of the new facility and any salvage value derived from the
old facility, and includes the costs of all rights and interests necessary in
land and the costs of any other rights required to accomplish such relocation.

(b) “Utility” means any privately, publicly or
cooperatively owned systems for supplying telephone, electric power and light,
gas, water, sewer and like service to the public or a segment of the public.

2. Whenever the Director, after consulting
with the utility concerned, determines that any utility facility which now is,
or hereafter may be, located in, over, along or under any highway in the
federal-aid primary or secondary systems or in the interstate system, including
extensions thereof within urban areas, as such systems are defined in the
Federal-Aid Highway Acts and are accepted by and assented to by the State of
Nevada, should be relocated, the utility owning or operating such utility
facility shall relocate the same in accordance with the order of the Director.
The cost of any such relocation shall be ascertained and paid by the State as
part of the cost of such federally aided project, provided the proportionate
part of such cost is reimbursable from federal funds under a Federal-Aid
Highway Act or any other Act of Congress under which the State is entitled to
reimbursement for all or part of such cost.

3. This section does not apply where a
payment of relocation or removal costs by the State would be inconsistent with
the terms of a permit issued by the Director pursuant to NRS
408.423.

NRS 408.413Improvement of state highway Route No. 81.The Department may pave and improve state
highway Route No. 81, beginning on Route No. 34 at Gerlach, thence
northwesterly through Squaw Valley and Duck Flat to the Nevada-California
boundary at the southerly end of Surprise Valley, a distance of approximately
56 miles. The board of county commissioners, the Department and the Federal
Highway Administration shall take such action as may be necessary to permit the
use of the force account method of using federal aid highway funds by using
county forces and county equipment to fulfill the requirement of matching such
federal aid highway funds as may be available.

1. As a part of every plan and of all
specifications and contracts for the construction of highways, provisions must
be made for the erection of permanent guideposts and signboards at every point
where another road crosses or diverges from such highways and at all places
requiring warning to the traveling public as to the condition of the road, such
as dangerous turns and steep grades. Such guideposts and signboards must
contain plain and accurate information as to the distances of towns and other
points such as is usually contained on signboards for the information of the
traveling public.

2. The Department shall:

(a) Cause to be put up, and to be kept up
thereafter, on and along the highways, all such usual and necessary road
markers and highway signs adopted by the American Association of State Highway
and Transportation Officials.

(b) Cause to be put up, and to be kept up
thereafter, informative signs, distinctive in color and design, pointing out,
calling attention to and descriptive of nearby points, location of and distance
to water, and objects of natural, scenic, geographical, geological,
paleographical and historical interest to the traveler within or passing
through the State.

(c) Cause to be put up, and to be kept up
thereafter, informative signs which indicate scenic routes.

3. Every guidepost, signboard, road
marker, highway sign, informative sign and descriptive sign put up by the
Department pursuant to this section must contain measurements based on metric
units if:

(a) The Federal Highway Administration of the
United States Department of Transportation issues specifications for utilizing
measurements based on metric units; and

(b) Money is made available for this purpose by
the Federal Government.

4. Any person who willfully tears down,
digs up, or in any manner defaces, destroys or carries away any such
guideboards, road markers, highway signs or descriptive signs as provided in
this section is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of
the markers or signs destroyed, damaged, removed or defaced and in no event
less than a misdemeanor. The Department has a cause of action against such a
person in a court of competent jurisdiction for the amount expended for repairs
and replacement of such signs and markers, together with the cost and expenses
incurred in the action.

(Added to NRS by 1957, 689; A 1967, 573; 1977, 409;
1983, 533)

NRS 408.423Permit required to excavate state highway; exception; fee.

1. No state highway or right-of-way may be
disturbed, dug up, crossed, encroached upon or otherwise used for the laying or
re-laying of pipelines, ditches, flumes, sewers, poles, wires, approach roads,
driveways, railways or for any other purpose, without the written permit of the
Director, and then only in accordance with the conditions and regulations
prescribed by the Director. All such work must be done under the supervision
and to the satisfaction of the Director. All costs of replacing the highway in
as good condition as previous to its being disturbed must be paid by the
persons to whom or on whose behalf such permit was given or by the person by
whom the work was done.

2. In case of immediate necessity
therefor, a city or town may dig up a state highway without a permit from the
Director, but in such cases the Director must be first notified and the highway
must be replaced forthwith in as good condition as before at the expense of
such city or town.

3. The Department shall charge each
applicant a reasonable fee for all administrative costs incurred by the
Department in acting upon an application for a permit, including costs for the
preparation and inspection of a proposed encroachment.

(Added to NRS by 1957, 689; A 1979, 1777; 1981, 707)

NRS 408.427Unauthorized crossing, removal or destruction of
control-of-access fence or barrier on highway: Injunction; recovery of expenses
of restoration.Whenever any
person cuts, removes, destroys, crosses or otherwise penetrates a
control-of-access fence or barrier maintained by the Department on an
interstate or other highway, to which the State has acquired the abutters’
easements of access to and from the abutting land, the Department may petition
the district court of the county where such highway is located for an order
permanently enjoining such person from further penetration of the control of
access, and if the court finds, upon taking proof by affidavit or otherwise,
that the State has acquired the abutters’ rights of access, it shall enjoin
such person from further violation of such control-of-access fence or barrier
and shall provide in its order that the Department may recover from such person
a sum treble the actual expense incurred by the Department in restoring the
control-of-access fence or barrier.

(Added to NRS by 1969, 461)

NRS 408.433Roadside parks and rest areas: Unlawful acts; penalties.

1. Except as otherwise provided in NRS 408.553, it is unlawful for any person, firm,
corporation, association or other entity, other than a public utility, to:

(a) Sell, exhibit or offer for sale any goods,
wares, products, merchandise or services; or

(b) Erect, place, post or maintain any sign, billboard,
placard, notice or other form of advertising,

Ê in any
roadside park or safety rest area in this state, or in the approaches thereto.

2. Any person who violates any provision
of this section or any regulation adopted under this chapter governing roadside
parks or safety rest areas shall be punished by a fine of not more than $1,000
for a first offense and not more than $5,000 for each subsequent offense.

1. In all cases of highways constructed,
reconstructed or improved under the provisions of this chapter which are
located or relocated over privately owned property the Department may acquire,
in the name of the State, either in fee or in any lesser estate or interest,
any real property or interest therein and any personal property which it
considers necessary.

2. The property which may be acquired for
those purposes includes, but is not limited to, real property, interests
therein, improvements located thereon and personal property for any of the
following purposes:

(a) For rights-of-way for both present and future
needs for highways of all types, including highways constructed within towns
and cities.

(b) For exchanging the property or interests
therein for other property or interests therein required for highway purposes
to avoid the payment of excessive compensation or damages.

(c) For sites on which to relocate structures
which are within the right-of-way of a projected highway.

(d) For sites for storage, communications and
maintenance and for administrative, recreational and historical purposes and
necessary appurtenances in connection with those sites.

(e) For extraction of material, including rock
quarries, gravel pits, sand or earth borrow pits, or other roadway material;
also to obtain water from any source for any purpose which may be necessary for
the construction and maintenance of the highways and their appurtenances.

(f) For the culture and support of trees and
other flora which will benefit the highways in any way, including the
increasing of the scenic beauty of the highways.

(g) For drainage in connection with any highway.

(h) For the maintenance of an unobstructed view
of any portion of a highway so as to promote the safety of the traveling
public.

(i) For the placement of directional signs and
other signs, construction of fences, curbs, barriers, and obstructions as may
be necessary for the safety and convenience of the traveling public.

(j) For constructing and maintaining highway cut
and fill slopes.

(k) For public parks, playgrounds, recreational
grounds and sites adjoining highway or freeway rights-of-way; acquisition of
sites to replace housing; and acquisition and rehabilitation, relocation and
construction of housing to replace other housing acquired.

1. The property and interests therein must
be acquired by the Department in the name of and in behalf of the State, either
by donation, dedication, agreement, exchange, lease, option, purchase or
through the exercise of the power of eminent domain.

2. The Department may exercise the power
of eminent domain to acquire a fee in any property in which it has already
acquired a lesser estate or interest.

3. Proceedings in eminent domain for the
acquisition of property or any interest therein for the highway purposes set
forth in NRS 408.487 must be had pursuant to the
provisions of chapter 37 of NRS, except as
otherwise prescribed by this chapter.

4. The entire cost of acquiring the
property and interests therein, except as otherwise provided in this chapter,
must be paid out of the State Highway Fund.

5. Whenever a part of a parcel of real
property, an interest therein or an improvement thereon is to be acquired under
the provisions of this chapter and the remainder is proposed to be left in such
irregular shape, uneconomical size, utility or condition as to be of little
value or to give rise to claims or litigation concerning damages, the
Department may acquire by the methods provided in subsection 1 the whole parcel
and may:

NRS 408.493Acquisition of property: Survey and location of right-of-way;
judicial order permitting entry for examination and appraisal.

1. Whenever land is required for highway
purposes, the Department shall survey and locate the right-of-way in a manner
most compatible with the greatest public good and the least private injury. The
Department’s employees, agents or representatives may, with the consent of the
owner, enter upon the land and make examinations, surveys and maps thereof,
including soil investigation and test borings and appraisal and valuation of
the land and improvements thereon.

2. Whenever the owner or occupant of such
land refuses or fails to permit entry thereon for such examination, survey,
investigation or appraisal, the Department may petition the district court of
the county in which such land is situated for an order permitting the
Department to enter and undertake such examination, survey, investigation or appraisal,
and the court, if it ascertains, by affidavit or otherwise, that the Department
in good faith desires to enter the land for such purpose shall grant its order
permitting such entry, conditioned upon the examination being made at
reasonable times and in such manner as to cause the least inconvenience to the
owner or occupant, and such entry shall not constitute any cause of action in
favor of the owner or occupant of the land, except for actual damages sustained
to such land or improvements thereon.

(Added to NRS by 1965, 998)

NRS 408.497Construction, alteration or improvement of highway: Claim for
damage to land or interests; proceeding in inverse condemnation.

1. Any person asserting any claim for
compensation or damage for injury to land or interests therein arising from the
construction, alteration or improvement of any highway constructed, altered or
improved under the provisions of this chapter shall first, as a condition
precedent to the action authorized by subsection 2 and not later than 2 years
after final acceptance of the contract by the Department as defined in NRS 408.387, file such claim with the Department,
verified under oath and containing all particulars regarding such claim. Such
claim must be promptly investigated by the Director, who shall recommend its
disposition to the Board, and if such claim or any portion thereof is approved
by the Board it must be paid upon obtaining a written release of the entire
claim, out of the State Highway Fund. The claimant must be given written notice
by registered mail of the Board’s decision.

2. Any claimant aggrieved by the Board’s
decision on such claim may commence, in the district court for the county in
which the land is situated, within 6 months after receipt of notice of the
decision on such claim, a proceeding in inverse condemnation against the
Department seeking just compensation for an alleged taking or damaging of
private property for highway purposes, and if such proceeding is not so
commenced within such time it is forever barred.

1. The Department shall not commence any
legal action in eminent domain until the Board adopts a resolution declaring
that the public interest and necessity require the acquisition, construction,
reconstruction, improvement or completion by the State, acting through the
Department, of the highway improvement for which the real property, interests
therein or improvements thereon are required, and that the real property,
interests therein or improvements thereon described in the resolution are
necessary for such improvement.

2. The resolution of the Board is
conclusive evidence:

(a) Of the public necessity of such proposed
public improvement.

(b) That such real property, interests therein or
improvements thereon are necessary therefor.

(c) That such proposed public improvement is
planned or located in a manner that will be most compatible with the greatest
public good and the least private injury.

3. All legal actions in all courts brought
under the provisions of this chapter to enforce the right of eminent domain
take precedence over all other causes and actions not involving the public
interest, to the end that all such actions, hearings and trials thereon must be
quickly heard and determined.

1. Real property held in fee or
improvements on the property acquired by the Department in advance of the
actual construction, reconstruction or improvement of highways or in order to
avoid the payment of excessive damages, or held by the Department pending a
determination in the future on its use or disposal may be leased or rented by
the Department for fair market value in such manner and for such periods as are
determined by the Director to be in the best interests of the State.

2. The Director may lease for fair market
value space above and below the established grade line of the highway to state
and public agencies and private persons in such manner and for such periods as
the Director determines are in the best interest of the State, if:

(a) The full use and safety of the highway will
not be impaired;

(b) Vehicular or pedestrian access to that space
will not be required or permitted from the established grade line; and

(c) The free flow of traffic on the highway is
not interfered with in any way.

3. All leases of an interest in real
property entered into by the Department before April 1, 1985, are hereby
ratified. All other leases entered into pursuant to subsection 2 must be
approved by the Board subject to the provisions of subsection 4.

4. If the Department receives a proposal
to negotiate a lease pursuant to subsection 2, it shall publish a notice in a
newspaper of general circulation at least once a week for 2 weeks, stating that
it has received the proposal and that it will receive other proposals for use
of the space for 60 days after the completion of the publication. A copy of the
notice must be mailed to each local governmental unit in the affected area. If
the property is leased, it must be to the highest bidder for the space. The
requirements for publication and notice do not apply if the proposal was
received from an owner who controls the property on both sides of the highway.

5. All money received for leases and
rentals must be deposited with the State Treasurer to be credited to the State
Highway Fund.

NRS 408.513Acquisition of property by towns and cities; costs; transfer of
interest to State.

1. When highways are constructed,
reconstructed or improved in accordance with this chapter through towns and
through cities, the Department may require such towns and cities to acquire,
through their governing bodies, and such towns and cities shall acquire in the
name of the State, such real property, interests therein or improvements
thereon for such highways as are determined to be necessary by the Department
in the same manner as if the property were being acquired by the State.

2. The cost of acquisition may be shared
by such town or city and the Department or may be paid for wholly by such town
or city in accordance with agreements which shall first be entered into between
the governing body of such city or town and the Department.

3. With respect to real property,
interests therein or improvements thereon held in the name of towns and cities,
the local governing body may, by conveyance in the nature of quitclaim,
transfer such interest to the State in accordance with the agreements which
shall first be entered into between such governing bodies and the Department.

(Added to NRS by 1957, 692; A 1975, 665)

NRS 408.517Acquisition of property by counties; costs; transfer of interest
to State.

1. When highways are constructed,
reconstructed or improved by the State in accordance with this chapter outside
of the limits of any unincorporated town or incorporated city, the Department
may require the boards of county commissioners of the counties in which the
highways are located to acquire, and such boards shall acquire in the name of
the State, such real property, interests therein or improvements thereon for
such highways as are determined to be necessary by the Department in the same
manner as if the property were being acquired by the State.

2. The cost of acquisition may be shared
by such counties and the Department or may be paid for wholly by such counties
in accordance with agreements which shall first be entered into between the
boards of county commissioners of the counties in which the highways are
located and the Department.

3. With respect to real property, interests
therein or improvements thereon held in the name of counties, the boards of
county commissioners may, by conveyance in the nature of quitclaim, transfer
such interest to the State in accordance with agreements which shall first be
entered into between such boards and the Department.

(Added to NRS by 1957, 692; A 1975, 666)

NRS 408.523Summary vacation and abandonment of portion of state highway
superseded by relocation or in excess of needs; resolution of Board;
recordation.

1. The Board may retain or may summarily
vacate and abandon any portion of a state highway if that portion has been
superseded by relocation or has been determined to be in excess of the needs of
the Department.

2. The Board shall act to abandon any
easement, or to vacate any highway, by resolution. A certified copy of the
resolution may be recorded without acknowledgment, certificate of
acknowledgment, or further proof, in the office of the county recorder of each
county wherein any portion of the easement to be abandoned, or the highway to
be vacated, lies. No fee may be charged for such recordation. Upon recordation,
the abandonment or vacation is complete.

3. When a highway for which the State
holds only an easement is abandoned, or when any other easement is abandoned,
the property previously subject thereto is free from the public easement for
highway purposes. Where the State owns in fee the property on which the vacated
highway was located, the Department shall dispose of that property as provided
in NRS 408.533.

4. In any proceeding for the abandonment
or vacation of any state highway or part thereof, the Board may reserve and
except therefrom any easements, rights or interests in the highway deemed
desirable and in the best interests of the State.

1. Whenever the Department and the county
or city concerned have entered into a written agreement providing therefor, and
the legislative body of the county or city has adopted a resolution consenting
thereto, the Board may relinquish to the county or city:

(a) Any portion of any state highway which has
been deleted from the state highway system by legislative enactment; or

(b) Any portion of any state highway which has
been superseded by relocation or which the Department determines exceeds its
needs.

2. Whenever the county or city concerned
and the Department have entered into a written agreement providing therefor,
and the Board has adopted a resolution consenting thereto, the county or city
may relinquish to the Department any portion of any county or city road which
the Department agrees qualifies to join the state highway system.

3. By resolution of the Board, the
Department may upon request relinquish to the Division of State Lands of the
State Department of Conservation and Natural Resources for the public use of
another state agency any portion of any state highway which has been superseded
by relocation or which the Department determines exceeds its needs.

4. Relinquishment must be made by a
resolution. A certified copy of the resolution must be filed with the
legislative body of the county or city concerned. The resolution must be
recorded in the office of the county recorder of the county where the land is
located and, upon recordation, all right, title and interest of the State in
and to that portion of any state highway vests in the county, city or division,
as the case may be.

5. Nothing in NRS
408.523 limits the power of the Board to relinquish abandoned or vacated
portions of a state highway to a county, city or the Division.

6. If the Board relinquishes property
pursuant to subsection 5, and the purpose for which the property was
relinquished is abandoned or ceases to exist, then, absent an agreement or a
provision of law to the contrary, and regardless of the interest of the
Department in the property before it was relinquished, all right, title and
interest in the property shall vest in the county, city or Division without
reversion to the Department.

7. The Board may accept from a county or
city any portion of any county or city road which has changed in function such
that it has risen to the level of functioning as a state highway. Such a road
may be traded for any portion of any state highway relinquished by the
Department or accepted by the Department after equitable compensation or trade
values have been negotiated and agreed to in writing.

8. A county or city may accept from the
Department any portion of any state highway which no longer functions to
support the state highway system and which exceeds the needs of the Department.
Such a highway may be traded for any portion of any county or city road
relinquished by the county or city or accepted by the county or city after
equitable compensation or trade values have been negotiated and agreed to in
writing.

9. Any portion of a state highway or
county or city road that is relinquished or traded pursuant to this section
must be placed in good repair, or the parties must establish and agree in
writing to equitable monetary compensation. If any highways or roads, or
portions thereof, to be relinquished or traded are not of comparable value, the
parties must negotiate and agree in writing to equitable monetary compensation
or equitable trade considerations.

10. The Department, in cooperation with
local governments, shall adopt regulations governing procedural documents that
address the process by which highways and roads are relinquished.

11. The vesting of all right, title and
interest of the Department in and to portions of any state highways
relinquished previously by the Department in the city, county or state agency
to which it was relinquished is hereby confirmed.

1. Except as otherwise provided in NRS 37.270, all real property, interests
therein or improvements thereon and personal property acquired before, on or
after April 1, 1957, in accordance with the provisions of NRS 408.487 and 408.489
must, after approval by the Board and if no longer needed for highway purposes,
be disposed of by the Director in accordance with the provisions of subsection
2, except that:

(a) When the property was originally donated to
the State, no charge may be made if it is returned to the original owner or to
the holder of the reversionary right.

(b) When the property has been wholly or
partially paid for by towns, cities or counties, disposal of the property and
of money received therefor must be agreed upon by the governing bodies of the
towns, cities and counties and the Department.

(c) When the title to the real property has been
acquired in fee pursuant to NRS 408.487 and 408.489 and, in the opinion of the Board, a sale by
means of a public auction or sealed bids is uneconomical or impractical
because:

(1) There is no access to the property;

(2) The property has value or an increased
value only to a single adjoining property owner; or

(3) Such a sale would work an undue
hardship upon a property owner as a result of a severance of the property of
that owner or a denial of access to a public highway,

Ê the Board
may enter into a direct sale of the property with such an owner or any other
person for its fair market value.

(d) When the property has been acquired and the
property or any portion of the property is no longer needed for highway
purposes, the Department shall give notice of its intention to dispose of the
property by publication in a newspaper of general circulation in the county
where the property is situated. The notice must include the Department’s
appraisal of the fair market value of the property. Any person from whom the
property was purchased or the person’s heir or grantee may purchase the
property at its fair market value by direct sale from the Department within 60
days after the notice is published. If more than one person qualified to
purchase the property by direct sale pursuant to this paragraph so requests,
the person with the superior claim, as determined by the Department in its sole
discretion, is entitled to purchase the property by direct sale. If a person
who is entitled to purchase the property by direct sale pursuant to this
paragraph reasonably believes that the Department’s appraisal of the property
is greater than the fair market value of the property, the person may file an
objection to the appraisal with the Department. The Department shall set forth
the procedure for filing an objection and the process under which a final
determination will be made of the fair market value of the property for which
an objection is filed. The Department shall sell the property in the manner
provided in subsection 2 if:

(1) No person requests to purchase the
property by direct sale within 60 days after the notice is published pursuant
to this paragraph; or

(2) A person who files an objection
pursuant to this paragraph fails, within 10 business days after receipt of a
written notice of the final determination of the fair market value of the
property, to notify the Department in writing that he or she wishes to purchase
the property at the fair market value set forth in the notice.

(e) When the property is sought by another public
agency for a reasonable public use, the Department may first offer the property
to the public agency at its fair market value.

2. All property, interests or improvements
not included within the provisions of subsection 1 must first be offered for
sale by the Department singly or in combination at public auction or by sealed
bids. If the highest bid received is 90 percent or more of the Department’s
appraisal of the fair market value of the property, the property may be sold to
the highest bidder. The notice and the terms of the sale must be published in a
newspaper of general circulation in the county where the property is situated.
The auctions and openings of bids must be conducted by the Department. If the
property cannot be sold for 90 percent or more of its fair market value, the
Department may enter into a written listing agreement with a person licensed
pursuant to chapter 645 of NRS to sell or
lease the property for 90 percent or more of its fair market value.

3. It is conclusively presumed in favor of
the Department and any purchaser for value that the Department acted within its
lawful authority in acquiring and disposing of the property, and that the
Director acted within his or her lawful authority in executing any conveyance
vesting title in the purchaser. All such conveyances must be quitclaim in
nature and the Department shall not warrant title, furnish title insurance or
pay the tax on transfer of real property.

4. No person has a right of action against
the Department or its employees for a violation of this section. This
subsection does not prevent an action by the Attorney General on behalf of the
State of Nevada or any aggrieved person.

5. All sums of money received by the
Department for the sale of real and personal property must be deposited with
the State Treasurer to be credited to the State Highway Fund, unless the
Federal Highway Administration participated in acquisition of the property, in
which case a pro rata share of the money obtained by disposal of the property
must be paid to the Federal Highway Administration.

6. The Department may reserve and except
easements, rights or interests from the conveyance of any real property
disposed of in accordance with this section or exchanged pursuant to subsection
5 of NRS 408.489. The easements, rights or
interests include, but are not limited to:

(a) Abutter’s rights of light, view or air.

(b) Easements of access to and from abutting
land.

(c) Covenants prohibiting the use of signs,
structures or devices advertising activities not conducted, services not
rendered or goods not produced or available on the real property.

NRS 408.537State consent to close public road on public land: Application;
notice; duties of planning agencies.

1. Upon receipt of an application for
consent to close a public road on public land, the Department shall give
written notice of the application to the planning agencies of the local
governments, within 1 week after its receipt of the application.

2. Each planning agency so notified shall
within 45 days after the notice is sent hold a public hearing on the
application at the place where it normally meets. If the road is located within
the jurisdiction of two or more planning agencies, each of those agencies must
hold a hearing.

3. Each planning agency shall notify the
public and every person known to have a vested private right-of-way over the
road for the purpose of grazing, mining or any other purpose for which such a
private right vests, by publication in one issue of a newspaper of general
circulation published in each of the counties in which the land is located and
by mailing to the last known address of each private user of the road. The
notice must be published at least 20 days before the date set for the hearing
and set forth the location of the road and the purpose for closing it as stated
in the application. The cost of publishing the notice must be borne by the
United States or by someone in its behalf.

4. The planning agency shall deliver its
written recommendation on the application, including the reasons for its
recommendation, to the Department within 15 days after the conclusion of its
hearing on the application.

5. The application must contain such
information and supporting documents as are prescribed in regulations adopted
by the Department with the approval of the Board.

NRS 408.543State consent to close public road on public land: Duties of
Department.

1. The Department shall hold a hearing on
an application to close a public road on public land within 45 days after it
receives the written recommendation from the planning agency. The Department
shall give notice of its hearing as required by law. At its hearing the
Department shall receive any testimony pertaining to any use of the road which
is not repetitive and shall consider the written recommendation of the planning
agency.

2. The Department shall deliver its
written recommendation on the application, including the reasons for its
recommendation, to the Board within 15 days after the conclusion of its hearing
on the application.

NRS 408.547State consent to close public road on public land: Determination
by Board; approval by inaction; certificate of consent.

1. The Board in deciding whether to grant
or deny the consent of the State to close a public road on public land shall:

(a) Balance the interests of the Federal Government
and the State; and

(b) Not apply standards or impose conditions
respecting the closure of a public road which are more restrictive than those
generally applicable to other persons or governmental agencies in this state.

2. In granting the consent of the State
the Board shall not grant or waive any right, privilege, immunity or other
incident of sovereignty provided for in NRS
328.085, except subsection 3 of that section.

3. Consent to such a closure or the
extinguishing of a public use does not constitute consent to extinguish a
private use, and the State’s consent is contingent on compensation by the
Federal Government for the loss of a vested private right-of-way.

4. Any recommendation of the Department
which is not acted on by the Board within 30 days after it receives the
application and which is not in conflict with the requirements of this section
is automatically approved unless the Board in a writing which is attached to
the application and recommendation defers the decision for a good cause.

5. The consent of the Board to close a
public road on public land must be evidenced by a certificate signed by the
Chair of the Board and attested to by its Secretary, and delivered to the
United States.

NRS 408.5471 “Transportation facility” defined.As
used in NRS 408.5471 to 408.549,
inclusive, unless the context otherwise requires, “transportation facility”
means a road, railroad, bridge, tunnel, overpass, airport, mass transit
facility, parking facility for vehicles or similar commercial facility used for
the support of or the transportation of persons or goods, including, without
limitation, any other property that is needed to operate the facility. The term
does not include a toll bridge or toll road.

NRS 408.5473Authority of Department to authorize transportation facilities.The Department may authorize a person to
develop, construct, improve, maintain or operate, or any combination thereof, a
transportation facility pursuant to NRS 408.5475
or 408.548.

1. A person may submit a request to the
Department to develop, construct, improve, maintain or operate, or any
combination thereof, a transportation facility.

2. The request must be accompanied by the
following information:

(a) A topographic map indicating the location of
the transportation facility.

(b) A description of the transportation facility,
including, without limitation, the conceptual design of the transportation
facility and all proposed interconnections with other transportation
facilities.

(c) The projected total cost of the
transportation facility over its life and the proposed date for the development
of or the commencement of the construction of, or improvements to, the
transportation facility.

(d) A statement setting forth the method by which
the person submitting the request proposes to secure all property interests
required for the transportation facility. The statement must include, without
limitation:

(1) The names and addresses, if known, of
the current owners of any property needed for the transportation facility;

(2) The nature of the property interests
to be acquired; and

(3) Any property that the person
submitting the request proposes that the Department condemn.

(e) Information relating to the current
transportation plans, if any, of any governmental entity in the jurisdiction of
which any portion of the transportation facility is located.

(f) A list of all permits and approvals required
for the development or construction of or improvement to the transportation
facility from local, state or federal agencies and a projected schedule for
obtaining those permits and approvals.

(g) A list of the facilities of any utility or
existing transportation facility that will be crossed by the transportation
facility and a statement of the plans of the person submitting the request to
accommodate such crossings.

(h) A statement setting forth the general plans
of the person submitting the request for financing and operating the
transportation facility, which must include, without limitation:

(1) A plan for the development, financing
and operation of the transportation facility, including, without limitation, an
indication of the proposed sources of money for the development and operation
of the transportation facility, the anticipated use of such money and the
anticipated schedule for the receipt of such money;

(2) A list of any assumptions made by the
person about the anticipated use of the transportation facility, including,
without limitation, the fees that will be charged for the use of the
transportation facility, and a discussion of those assumptions;

(3) The identification of any risk factors
identified by the person submitting the request that are associated with
developing, constructing or improving the transportation facility and the plan
for addressing those risk factors;

(4) The identification of any local, state
or federal resources that the person anticipates requesting for development and
operation of the transportation facility, including, without limitation, an
anticipated schedule for the receipt of those resources and the effect of those
resources on any statewide or regional program for the improvement of
transportation; and

(5) The identification and analysis of any
costs or benefits associated with the proposed facility, performed by a
professional engineer who is licensed pursuant to chapter
625 of NRS.

(i) The names and addresses of the persons who
may be contacted for further information concerning the request.

(j) Any additional material and information that
the Department may request.

NRS 408.548Authority of Department to request submission of proposals;
regulations.

1. If the Department receives a request
regarding a transportation facility pursuant to NRS
408.5475 and the Department determines pursuant to the provisions of
subsection 1 of NRS 408.5483 that the
transportation facility serves a public purpose, the Department may request
other persons to submit proposals to develop, construct, improve, maintain or
operate, or any combination thereof, the transportation facility.

2. The Department shall adopt regulations
establishing:

(a) The procedures for requesting other persons
to submit proposals to the Department; and

(b) The procedures for other persons to submit
proposals to the Department.

NRS 408.5483Approval of request or proposal: Determination of public
purpose; staff reports; copy of request or proposal to be furnished to affected
governmental entities; fee; approval contingent on entering agreement with
Department; establishment of date for development of or commencement of
construction of transportation facility.

1. The Department may approve a request or
proposal submitted pursuant to NRS 408.5475 or 408.548 if the Department determines that the
transportation facility serves a public purpose. In determining whether the
transportation facility serves a public purpose, the Department shall consider
whether:

(a) There is a public need for the type of
transportation facility that is proposed;

(b) The proposed interconnections between the
transportation facility and existing transportation facilities and the plans of
the person submitting the request for the operation of the transportation
facility are reasonable and compatible with any statewide or regional program
for the improvement of transportation and with the transportation plans of any
other governmental entity in the jurisdiction of which any portion of the
transportation facility will be located;

(c) The estimated cost of the transportation
facility is reasonable in relation to similar transportation facilities, as
determined by an analysis of the cost performed by a professional engineer who
is licensed pursuant to chapter 625 of NRS;

(d) The plans of the person submitting the
request will result in the timely development or construction of or improvement
to the transportation facility or its more efficient operation;

(e) The plans of the person submitting the
request contain any penalties for the failure of the person submitting the
request to meet any deadline which results in the untimely development or
construction of or improvement to the transportation facility or failure to
meet any deadline for its more efficient operation; and

(f) The long-term quality of the transportation
facility will meet a level of performance established by the Department over a
sufficient duration of time to provide real value to the public.

2. In evaluating a request or proposal
submitted pursuant to NRS 408.5475 or 408.548, the Department may consider internal staff
reports prepared by personnel of the Department who are familiar with the
operation of similar transportation facilities or the advice of outside advisors
or consultants with relevant experience.

3. The Department shall request that a
person who submitted a request or proposal pursuant to NRS
408.5475 or 408.548 furnish a copy of the
request or proposal to each governmental entity that has jurisdiction over an
area in which any part of the transportation facility is located. Within 30
days after receipt of such a request or proposal, the governmental entity shall
submit in writing to the Department, for consideration by the Department, any
comments that the governmental entity has concerning the transportation
facility and shall indicate whether the transportation facility is compatible
with any local, regional or statewide transportation plan or program that is
applicable to the governmental entity.

4. The Department shall charge a
reasonable fee to cover the costs of processing, reviewing and evaluating a
request or proposal submitted pursuant to NRS 408.5475
or 408.548, including, without limitation,
reasonable fees for the services of an attorney or a financial or other
consultant or advisor, to be collected before the Department accepts the
request or proposal for processing, review and evaluation.

5. The approval of a request or proposal
by the Department is contingent on the person who submitted the request or
proposal entering into an agreement with the Department. In such an agreement,
the Department shall include, without limitation:

(a) Criteria that address the long-term quality
of the transportation facility.

(b) The date of termination of the authority and
duties pursuant to NRS 408.5471 to 408.549, inclusive, of the person whose request or
proposal was approved by the Department with respect to the transportation
facility and for the dedication of the transportation facility to the
Department on that date.

(c) Provision for the imposition by the person
whose request or proposal was approved by the Department of such rates, fees or
other charges as may be established from time to time by agreement of the
parties for use of all or a portion of a transportation facility, other than a
bridge or road.

6. In connection with the approval of a
transportation facility, the Department shall establish a date for the
development of or the commencement of the construction of, or improvements to,
the transportation facility. The Department may extend the date from time to
time.

NRS 408.5485Contract for transportation services.The
Department may contract with a person whose request or proposal is approved
pursuant to NRS 408.5483 for transportation
services to be provided by the transportation facility in exchange for such
payments for service and other consideration as the Department may deem
appropriate.

NRS 408.549Federal, state or local assistance.The
Department may take any action necessary to obtain federal, state or local
assistance for a transportation facility that it approves and may enter into
any contracts required to receive such assistance. The Department shall make
written findings of whether it serves the public purpose for all or a portion
of the costs of the transportation facility to be paid, directly or indirectly,
from the proceeds of a grant or loan made by the local, state or Federal
Government, or any agency or instrumentality thereof.

NRS 408.551“Center” defined.As
used in NRS 408.551 to 408.567,
inclusive, “center” means a facility, including, without limitation, a safety
rest area, to provide information to members of the traveling public,
concerning accommodations, food, fuel and recreation, through an attendant or
some other means of communication.

(a) Governing the size, shape, lighting and other
characteristics of a sign to be erected at a location designated pursuant to NRS 408.553;

(b) Authorizing the use of trademarks and symbols
identifying an individual enterprise on a sign erected at the location;

(c) Fixing the qualifications of a person or
governmental agency to erect or construct, operate, sponsor or maintain a
center or sign and of an enterprise to be identified on a directional or
informational sign;

(d) Fixing reasonable fees, based upon the market
value as determined by the Department, for:

(1) Authorizing the use of trademarks and
symbols identifying an individual enterprise on a directional or informational
sign; and

NRS 408.559Development and review of plan.The
Department shall develop a plan, in cooperation with the Commission on Tourism,
to carry out the provisions of NRS 408.551 to 408.567, inclusive. The plan must take into
consideration such factors as:

Ê The
Department and the Commission shall review the plan at least once each year and
revise it until the provisions of NRS 408.551 to 408.567, inclusive, have been uniformly put into
effect throughout the State.

NRS 408.561Toll-free telephone system for public accommodations;
apportionment of costs.

1. The Department may establish at centers
a toll-free telephone system for members of the traveling public to make
reservations at hotels, motels, campgrounds and other places of public
accommodation. The cost of this system, reduced pursuant to subsection 2 if
applicable, must be apportioned among the hotels, motels, campgrounds and other
businesses that participate in the system.

2. If the Department uses the telephone
system established pursuant to subsection 1 as a method for members of the
public to report fires, accidents or other emergencies or to receive
information concerning the conditions for driving on certain highways, the Department
shall pay a proportionate share of the cost of the system.

NRS 408.562Director’s recommendations for programs: Approval by Board;
funding.The Director may
recommend to the Board, for its approval, programs to provide information to
the traveling public to be paid from such money as is available for this
purpose pursuant to NRS 408.567.

NRS 408.563Agreements with governmental agencies or others.The Department may contract or enter into
other agreements with governmental agencies in this state or an adjoining state
or with private persons to study various systems of providing information to
the traveling public and to erect or construct, sponsor, operate or maintain
signs and centers which provide such information to the traveling public.

NRS 408.569System of communication to report emergencies and to obtain
information concerning conditions for driving required along certain frequently
traveled highways.The Department
shall establish along one or more frequently traveled highways of this state a
system of communication for members of the general public to report fires,
accidents or other emergencies and to receive information concerning the
conditions for driving on certain highways.

1. The Nevada Bicycle and Pedestrian
Advisory Board, consisting of 14 members appointed by the Governor, is hereby
created.

2. The Governor shall appoint to the
Advisory Board:

(a) Seven members who reside in various
geographical areas of this State, of which:

(1) One member must be less than 21 years
of age at the time of his or her appointment.

(2) One member must be representative of
an organization in this State interested in environmental issues.

(3) One member must be representative of
an organization in this State interested in the promotion of bicycling or
walking.

(4) One member must be representative of
an organization in this State involved in training persons in the safe use of
bicycles or pedestrian safety.

(5) One member must own or manage a
business for the sale or repair of bicycles or equipment used by pedestrians.

(6) Two members must be representative of
the public at large.

(b) One member who is a representative of the
Department of Education.

(c) One member who is a representative of the
Division of Environmental Protection of the State Department of Conservation
and Natural Resources.

(d) One member who is a representative of the
Division of State Parks of the State Department of Conservation and Natural
Resources.

(e) One member who is a representative of the
Division of Public and Behavioral Health of the Department of Health and Human
Services.

(f) One member who is a representative of the
Planning Division of the Department of Transportation.

(g) One member who is a representative of the
Department of Public Safety.

(h) One member who is a representative of the
Commission on Tourism.

3. After the initial terms, the term of
each member of the Advisory Board appointed pursuant to paragraph (a) of
subsection 2 is 2 years. The remaining members serve at the pleasure of the
Governor.

4. Members of the Advisory Board must
serve in that capacity without compensation, except that necessary travel and
per diem expenses may be reimbursed, not to exceed the amounts provided for
state officers and employees generally, to the extent that money is made
available for that purpose.

NRS 408.579Electric bicycles authorized for use on trails or walkways
intended for use by bicycles.Electric
bicycles, as defined in NRS 482.0287,
must be allowed on any trail or pedestrian walkway that is intended for use by
bicycles and is constructed using federal funding obtained pursuant to 23 U.S.C.
§ 217.

NRS 408.601Permits to solicit charitable contributions while standing on
median strip of highway or sidewalk adjacent to highway.

1. In addition to any necessary county or
city permit, a person shall not solicit contributions while standing on the
median strip of any highway or the sidewalk adjacent to the highway within the
jurisdiction of the Department without a permit to do so issued by the
Director.

2. The Director shall establish standards
for the issuance of permits to charitable organizations which allow the holders
to solicit charitable contributions for the respective organization while
standing on the median strip of any highway or the sidewalk adjacent to the
highway within the jurisdiction of the Department. The Director shall
expeditiously consider each application for such a permit. The application must
be accompanied by evidence that a county or city has issued a permit to the
organization for solicitation within its jurisdiction during the same period
requested in the application. The Director may reasonably limit the time, place
and manner of the requested solicitation to preserve public safety.

3. The charitable organization:

(a) Shall indemnify the State of Nevada against
any injury to any person or property during the solicitation which arises from
or is incident to the act of solicitation; and

(b) Is liable for any injury to any person or
property during the solicitation which arises from the negligence of the
soliciting agent.

4. As used in this section:

(a) “Charitable organization” means an
organization which:

(1) The Secretary of the Treasury has
determined is an exempt organization pursuant to the provisions of section
501(c) of the Internal Revenue Code; and

(2) Holds a current certificate of
organization or is currently qualified by the Secretary of State to do business
in this state.

(b) “Highway” means the entire width between the
boundary lines of every way maintained by a public authority when any part
thereof is open to the use of the public for purposes of vehicular traffic. The
term does not include a freeway.